David P. Driscoll, Commissioner of Education
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MASSACHUSETTS DEPARTMENT OF EDUCATION
COORDINATED PROGRAM REVIEW
Table of Contents
OVERVIEW OF REVIEW PROCEDURES ........................................................................................... 3
REPORT INTRODUCTION ..................................................................................................................... 6
EXECUTIVE SUMMARY ........................................................................................................................ 8
DEFINITION OF TERMS ....................................................................................................................... 14
COMPONENT I: ASSESSMENT OF STUDENTS ................................................................................. 16
SPECIAL EDUCATION ......................................................................................................................................... 17
ENGLISH LEARNER EDUCATION ..................................................................................................................... 29
COMPONENT II: STUDENT IDENTIFICATION AND PLACEMENT ................................................ 31
SPECIAL EDUCATION ......................................................................................................................................... 32
CIVIL RIGHTS METHODS OF ADMINISTRATION .......................................................................................... 38
TITLE 1 ................................................................................................................................................................... 44
ENGLISH LEARNER EDUCATION ..................................................................................................................... 44
COMPONENT III: PARENTAL INVOLVEMENT .................................................................................. 48
SPECIAL EDUCATION ......................................................................................................................................... 49
CIVIL RIGHTS METHODS OF ADMINISTRATION .......................................................................................... 54
TITLE 1 ................................................................................................................................................................... 56
SAFE AND DRUG FREE SCHOOLS .................................................................................................................... 58
ENGLISH LEARNER EDUCATION ..................................................................................................................... 61
COMPONENT IV: CURRICULUM AND INSTRUCTION..................................................................... 62
SPECIAL EDUCATION ......................................................................................................................................... 63
CIVIL RIGHTS METHODS OF ADMINISTRATION .......................................................................................... 71
TITLE 1 ................................................................................................................................................................... 73
SAFE AND DRUG FREE SCHOOLS .................................................................................................................... 75
ENGLISH LEARNER EDUCATION ..................................................................................................................... 76
COMPONENT V: STUDENT SUPPORT SERVICES ............................................................................. 79
SPECIAL EDUCATION ......................................................................................................................................... 80
CIVIL RIGHTS METHODS OF ADMINISTRATION .......................................................................................... 85
TITLE 1 ................................................................................................................................................................... 91
ENGLISH LEARNER EDUCATION ..................................................................................................................... 92
COMPONENT VI: FACULTY, STAFF AND ADMINISTRATION ....................................................... 94
SPECIAL EDUCATION ......................................................................................................................................... 95
CIVIL RIGHTS METHODS OF ADMINISTRATION .......................................................................................... 98
TITLE 1 ................................................................................................................................................................. 100
ENGLISH LEARNER EDUCATION ................................................................................................................... 101
COMPONENT VII: SCHOOL FACILITIES ........................................................................................... 103
SPECIAL EDUCATION ....................................................................................................................................... 104
CIVIL RIGHTS METHODS OF ADMINISTRATION ........................................................................................ 104
ENGLISH LEARNER EDUCATION ................................................................................................................... 105
COMPONENT VIII: PROGRAM PLAN AND EVALUATION ............................................................ 106
SPECIAL EDUCATION ....................................................................................................................................... 107
CIVIL RIGHTS METHODS OF ADMINISTRATION ........................................................................................ 107
TITLE 1 ................................................................................................................................................................. 109
SAFE AND DRUG FREE SCHOOLS .................................................................................................................. 112
ENGLISH LEARNER EDUCATION ................................................................................................................... 115
COMPONENT IX: RECORD KEEPING ................................................................................................ 116
SPECIAL EDUCATION ....................................................................................................................................... 117
TITLE 1 ................................................................................................................................................................. 119
SAFE AND DRUG FREE SCHOOLS .................................................................................................................. 127
ENGLISH LEARNER EDUCATION ................................................................................................................... 127
APPENDIX: .............................................................................................................................................. 129
S CHOOL D ISTRICT P ROFILE I NFORMATION ............................................................................................................. 130
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MASSACHUSETTS DEPARTMENT OF EDUCATION
COORDINATED PROGRAM REVIEW REPORT
Marblehead Public Schools
OVERVIEW OF REVIEW PROCEDURES
As one part of its Accountability System, the Department of Education oversees local compliance with education requirements through the Coordinated Program Review System (CPR). All reviews include the following selected requirements:
special education under the federal Individuals with Disabilities Education Act (IDEA-97), and
M.G.L. Chapter 71B (Chapter 766 of the Acts of 1972);
federal civil rights requirements under Title VI of the Civil Rights Act of 1964, the Equal
Educational Opportunities Act of 1974, Title IX of the Education Amendments of 1972, Section
504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990, together with related state requirements under M.G.L. Chapter 76, Section 5 (Chapter 622 of the
Acts of 1971) and other Massachusetts General Laws;
targeted standards from the Board of Education’s Physical Restraint regulations (603 CMR
46.00);
targeted standards from the Board of Education’s Student Learning Time regulations (603 CMR
27.00);
targeted standards from the federal McKinney-Vento Homeless Education Assistance
Improvements Act of 2001 (included in the No Child Left Behind Act of 2001); and
provisions of M.G.L. c. 71A, the state law that governs the provision of education to limited
English proficient students. Note that due to the voters’ approval in 2002 of an initiative petition entitled “Question 2,” M.G.L. c. 71A has been significantly amended. Under the amended
Chapter 71A, limited English proficient students, now referred to as “English learners,” must be provided instruction in sheltered English immersion or two-way bilingual programs unless they have received a waiver. As a result of this change in the law, the Department’s Coordinated
Program Review standards under Chapter 71A were significantly revised for the 2003-2004 school year. All districts that enroll limited English proficient students will be reviewed using these updated standards during the 2004-2005 school year.
Additional program areas reviewed during the Coordinated Program Review visits in selected districts may include:
Title I of the Elementary and Secondary Education Act of 1965, including other related grants funded by the No Child Left Behind Act of 2001;
Safe and Drug-Free Schools and Communities Act;
Career and Technical Education requirements under the federal Perkins Vocational and Applied
Technology Education Act and M.G.L. c. 74;
Innovative assistance programs funded under Title V of the No Child Left Behind Act; and
Nutrition Programs and Services.
The Department’s 2004-2005 schedule of Coordinated Program Reviews is posted on the Department’s web site at << http://www.doe.mass.edu/pqa/review/cpr/schedule.html
>>. The statewide six-year
Program Review cycle together with the Department’s Mid-cycle Special Education follow-up monitoring schedule is posted at << http://www.doe.mass.edu/pqa/review/cpr/6yrcycle.html
>>.
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Coordinated Program Review Elements
Team: Depending upon the size of a school district and the number of program areas to be reviewed, a team of two to eight Department staff members together with any necessary outside consultants conducts a Coordinated Program Review over two to ten days in a school district or charter school.
Scope: Fifty-five school districts and charter schools are scheduled to receive visits in school through the Department's Coordinated Program Review system on a six-year cycle with an additional mid-cycle special education follow-up visit.
Content: The Program Review criteria encompass the required elements for the specific program areas. In the case of special education, the elements selected for the 2004-2005 reviews contain, at a minimum, those required by the federal Office for Special
Education Programs (OSEP) and revised requirements included under IDEA-97 as described in the Department's Special Education Advisories. Additionally, the 2004- 2005 reviews incorporate state special education requirements as adopted by the Board of
Education and effective on December 20, 2000. The Program Review compliance criteria selected in all of the regulated program areas are those that are most closely aligned with the goals of the Massachusetts Education Reform Act of 1993, and intended to promote high standards and achievement for all students.
Report: The Department's report is based on a review of written documentation and data regarding the operation of the district's programs, together with information gathered through the following
Department program review methods:
Interviews of administrative, instructional, and support staff across all grade levels.
Interviews of parent advisory council (PAC) representatives and other interviews as requested by persons from the general public.
Student record reviews in the program areas of special education, English learner education (c. 71A), Career and Technical Education, and Section 504 (student accommodation plans). A representative sample of student records is selected by the
Department. Student records are examined by the onsite team using standard Department student record review procedures to make determinations regarding the implementation of procedural and programmatic requirements. Parents of students with disabilities whose files are selected for the record review are sent a survey that solicits information regarding their experiences with the district’s implementation of special education programs, related services and procedural requirements.
Classroom and facilities observation. The onsite team visits a sample of instructional classrooms and other school facilities used in the delivery of programs and services to determine general levels of compliance with program requirements.
Collaborative programs and services. Where the district is a member of a collaborative approved by the Department of Education and is a site for programs or services operated by the collaborative, interviews, student record review, and classroom and facility observations are conducted for the collaborative.
An Executive Summary and detailed findings for each program area describe determinations of the
Department about the implementation status of each requirement (criterion) reviewed.
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Response: In the Final Report the team notes those criteria that it found to be substantially implemented or whose implementation it found to be commendable. Where criteria are found not to be implemented fully, the local district or charter school must propose corrective actions to bring those areas into compliance with the respective statutes or regulations.
The Department believes that the Coordinated Program Review process is a positive experience and that the Final Report is a helpful planning document for the continued development and improvement of programs and services in each school district, charter school, and educational collaborative.
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REPORT INTRODUCTION
A five-member Massachusetts Department of Education team visited Marblehead public Schools during the weeks of November 1 & 8, 2004 to evaluate the implementation of selected criteria in the program areas of Civil Rights, English Language Education and Special Education. The team appreciated the opportunity to interview staff and parents, to observe classroom facilities and to review the programs underway in the district. The onsite team would like to note the following areas that were brought to its attention and commend the staff for what the review team believes have a significant and positive impact on the delivery of educational services for students enrolled in the Marblehead Public Schools. These areas are as follows:
The high level of parent involvement and community volunteerism.
The wide range of programming from pre-school through high school.
The collaboration and cooperation between special education and regular education program areas.
Staffing that includes a full time behavior specialist and a full time autism specialist.
An exemplary pre-school program.
A well trained, well qualified, and child centered teaching staff.
The opportunity for and access to professional development for all staff.
The restructuring of special education staff to enable the Team Chair to serve as an administrator.
This has resulted in improved communication and supervision of special education staff and ensures that a person with the knowledge and authority to commit district resources is present at each Team meeting.
The hiring of a coordinator to develop policies and procedures and ensure the effective implementation of an English Learner Education Program.
Some of the commendations noted above are repeated within the body of the Department’s report under the appropriate compliance criteria.
The Department is submitting the following Coordinated Program Review Report containing findings made pursuant to this onsite visit. In preparing this report, the team reviewed extensive written documentation regarding the operation of the district's programs, together with information gathered by means of following Department program review methods:
Interviews of ten administrative staff.
Interviews of 45 teaching and support services staff across all levels.
Interviews of two parent advisory council (PAC) representatives.
Interviews as requested by persons from the general public.
Student record reviews: the Department selected a sample of 20 student records. Student records were first examined by local staff, whose findings were then verified by the onsite team using standard Department of Education student record review procedures to make determinations regarding the implementation of procedural and programmatic requirements.
Parent surveys: 20 parents of students with disabilities were sent surveys that solicited information regarding their experiences with the district’s implementation of special education programs, related services and procedural requirements. Twelve of these parent surveys were returned to the
Department of Education for review by the onsite team.
Observation of classrooms and other facilities. A sample of 10 instructional classrooms and other school facilities used in the delivery of programs and services was visited to determine general levels of compliance with program requirements.
The report includes findings in the program areas reviewed organized under nine components. These components are listed in the executive summary on the following pages. The findings in each program
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area explain the “ratings, ”determinations by the team about the implementation status of the criteria reviewed. The ratings indicate those criteria that were found by the team to be substantially
“Implemented” or implemented in a “Commendable” manner. (Refer to the “Definition of Terms” section of the report.) Where criteria were found to be either "Partially Implemented" or "Not
Implemented," the district or charter school must propose to the Department corrective actions to bring those areas into compliance with the controlling statute or regulation. In some instances, the team may have rated a requirement as “Implemented” but made a specific comment on the district’s implementation methods that also may require response from the district or charter school.
Districts are expected to incorporate the corrective action into their district and school improvement plans, including their professional development plans.
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COORDINATED PROGRAM REVIEW REPORT
EXECUTIVE SUMMARY
Marblehead Public Schools
The following summary synthesizes the findings for criteria included in the Coordinated Program Review as they respond to essential questions that the Department has formulated for each of the components of the report. Note that a more detailed discussion of the onsite team’s findings, together with the specific legal standards for each program area included in this review, follows this summary.
Component I: Assessment of Students
Has the district implemented an assessment system that uses appropriate instruments, is conducted according to the specified timelines, and covers the appropriate content areas to determine instructional needs of students?
Student record reviews indicated that the district is using a variety of assessment instruments as appropriate to determine the instructional needs of students. The district is able to complete the majority of its evaluations within the required timeframes but has had some difficulty completing the process at the end of the school year and over the summer. The results of the evaluations usually include recommended strategies, modifications, accommodations, and related services aimed at developing an appropriate educational plan and placement for each child. Upon request, parents are provided with a summary for each of the evaluations that were conducted. As a result, the Team is generally able to work together to develop an Individualized Education Program (IEP) that provides the appropriate services and educational placement for the child. Several of the parents surveyed reported that they are not apprised of their right to obtain copies of the evaluation summaries and that the person who tested their child is not always present at the Team meeting. Parent concerns also indicate a need to provide more detailed information on the MCAS testing and accommodations at the IEP meetings.
The on-site review indicates that students are appropriately assessed according to standard procedures and provided with special education supports and services based on evaluations.
However, the Student Information Management System (SIMS) information reported to the
Department regarding the identification of students with neurological and specific learning disabilities is inconsistent with those subcategories and their state averages in those subcategories. The discrepancy with regard to the district and state averages indicate a need for the district to reexamine that data to ensure that it is accurate and reliable.
The Marblehead Public Schools provides English Learner Education (ELE) to those students who have been identified as in need of English language support services. However, past practices did not include procedures that clearly identified and assessed all students in need of ELE services. The district is currently in the process of developing and implementing procedures system wide that will use appropriate instruments and trained personnel to identify and to assess all English Language Learners (ELL).
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Component II: Student Identification and Program Placement
Has the district followed procedures for student identification and placement into the program according to the criteria specified in regulations?
The district has appropriate procedures in place to assure that students with special needs are identified and provided with specialized instruction and support services. The district promotes outreach and conducts screenings to identify, assess, and provide services to early childhood and kindergarten students who are in need of special education services. The district develops Individualized Education Programs (IEPs) that include specially designed instruction and provides related services that meet the needs of students and to the extent possible enable them to access the general curriculum. Parent participation at Team meetings is very high and most, but not all parents, report that they feel they are treated as equal members of the Team in determining the program and placement of their child in the least restrictive environment. The district has made commendable attempts to develop and implement new programs at the early childhood and elementary levels that provide the support services and programming that will ensure a continuum of in-district educational services are provided to special education students. However, at the secondary level it is not always clear that in-class support is available to ensure that students are able to achieve in the least restrictive environment. In some cases tutors are employed to provide academic support outside of the general education classroom. The district should continue to review this model to ensure that the removal of special education students from the general classroom is for valid educational reasons and not solely because of needed modifications in the curriculum.
The Marblehead Public Schools provides English Learner Education (ELE) to those students who have been identified as in need of English language support services. However, past practice did not include procedures that clearly identified and assessed all students in need of
ELE services. The district is currently in the process of developing and implementing procedures system wide that will use appropriate instruments and trained personnel to identify and to assess all English Language Learners (ELL).
Component III: Parental Involvement
Has the district ensured that parents are notified in the appropriate language and are involved in decisions regarding their children's programs and services? Where appropriate, does the district involve community representatives in shaping programs?
Parents are almost always present at Team meetings and are actively involved as members of their child’s special education Team. The district makes reasonable efforts to keep parents informed and to include them in the Team meetings that determine the program placement and the type of related services that will be provided and included as part of the child’s IEP. The district provides an excellent integrated preschool program that works closely with early intervention to ensure a smooth transition of programming and services. Community and parent representation is evident at all levels and provides input and support to the local schools. A good example of local support is evidenced by the Marblehead Public Schools’ brochure that was produced and funded through a collaboration of parents, school staff, and the Marblehead business community.
In cases where the district has been made aware of the need for translation services, IEPs and other necessary and required notices have been translated for parents; however, it is not clear that the district has identified all parents who may be in need of such translation services.
The district is currently in the process of developing and implementing procedures system wide that will identify all parents whose home language is other than English. This will
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assure that any parents whose English is limited will be identified and receive services as may be necessary to assure they are fully informed and able to participate as equal partners in the
Team process.
Component IV: Curriculum and Instruction
Does the district hold all students to high expectations and standards? Are programs designed to maximize student performance and students’ participation in the general curriculum? Is curriculum throughout the districts’ programs aligned with the Massachusetts Curriculum Frameworks? Has the district provided for coordination across program areas?
Marblehead Public School students are held to high standards and are challenged at all levels through a curriculum that has been aligned with the Massachusetts Curriculum Frameworks.
Curriculum is integrated across program areas and coordinated in a manner that enables it to spiral upward and across all grade levels. Students who may not have done well in a particular area of the curriculum are reintroduced to it at each grade level and with appropriate supports should be able to improve upon their performance and mastery of the subject matter. The Team may determine that a student needs support in the classroom through an inclusion model or may be assigned out of classroom tutorial support. In most cases, special needs students are served in the least restrictive environment (LRE), which is the inclusion model, although student eligibility for either model is not always made clear at the Team meeting.
In the past, the district provided limited English proficient students with pull out services from an English-as-a-Second Language (ESL) tutor. It wasn’t always clear that these services were coordinated across program areas or that the curriculum provided to these English language learners was aligned with the curriculum frameworks. The Marblehead Public
Schools provides English Learner Education (ELE) through a structured English immersion program and provides ESL to those students who have been identified as in need of English language support services. The district is currently in the process of implementing training that will ensure teaching staff are qualified to provide SEI and that the curriculum presented to English language learners is aligned with the Massachusetts Curriculum Frameworks.
Component V: Student Support Services
Has the district ensured that all students have equal access to programs and services? Does the district provide support to students who need it?
The district ensures that all students with disabilities have access to student support services as required by this component and as appropriate to their learning needs. Procedures are in place to record and track the suspension of students, including students with disabilities.
Students and parents receive prior written notice regarding the school’s Code of Conduct and behavioral interventions, including the possible need for a functional behavior assessment, and such interventions are implemented for students whose behavior has been shown to impede their learning. Students with disabilities are provided with equal opportunities to participate in educational, extracurricular, and other subsidiary programs that are offered by the school district. The district arranges for the provision of related service such as physical therapy, counseling, transportation, and other related services that have been identified as necessary for a student to benefit from special education and achieve the goals and objectives as specified in the IEP.
The district has a designated professional staff person to serve as the liaison for homeless students and ensures that homeless students are provided with equal access to all programs and services. School handbooks are distributed annually and contain grievance and
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discipline procedures. Harassment and discrimination are not tolerated and the district has written procedures regarding the investigation and the resolution of matters alleging discrimination and/or harassment. The district complies with the requirements of Title lX.
The full academic curriculum and extra curricular activities are available to all students.
Parents are very supportive and involved in the education of their children and are almost always present at Team meetings. The school system has developed a District Curriculum
Accommodation Plan (DCAP) to address the academic needs of all students and provides supportive programs to at-risk students at all levels. However, several of the professional staff interviewed appeared to have little or no knowledge of this plan. The district should include information and dissemination of this plan as part of its annual professional development activities.
Component VI: Faculty, Staff and Administration
Does the district maintain licensed staff in the specific program areas, provides supervision of aides and tutors, and provide ongoing professional development? Are program leadership and oversight effective?
Are the district’s personnel procedures non-discriminatory and does it seek to recruit employees from all groups?
The district employs appropriately certified, licensed, or otherwise qualified and approved individuals to provide academic and other related services as required to students with disabilities. Professionals who provide educational and other related services but who may not yet be licensed and/or appropriately credentialed are required by the district to have current and approved annual waivers from the Department’s Office of Teacher Licensure.
The district provides an array of professional development opportunities in special education to administrators, teachers, paraprofessionals and other service providers. However, concern has been expressed and documentation indicates that there are specific program areas that should be addressed through professional development and training. The district developed
DCAP, addresses the needs of students who have not been designated as special education students, but who appear to be having difficulty achieving in the general curriculum.
However, given that several of the teachers interviewed professed little knowledge of the
DCAP, the district should include an overview of the plan as part of its professional development activities.
The district’s English Language Education (ELE) model places limited English proficient students in general education classrooms with teachers who in some cases have not had the required training in English learner education. However, the district is currently in the process of developing and implementing policies and procedures that will ensure that all teachers will receive the professional development as required by M.G.L. 71A, regarding
English Learner Education in Public Schools.
It is evident from interviews with the staff that provide Title l services that the district has made a commitment to provide support services in literacy skills and math for those students who have the greatest need.
Component VII: School Facilities
Does the district maintain accessible facilities that are conducive to learning, facilitate integration, and provide equal opportunity for students to achieve?
The district provides a continuum of educational programs and services at all levels to ensure that students with disabilities can be educated in the least restricted environment and
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provided with related support services to enable their progress in the school curriculum. The school district, which is divided into four tiers, provides a fully accessible school at all levels.
Children at the K-3 level attend one of three neighborhood schools and then transition to the
Village School which has been centralized and services students at grade levels four through six. The middle school, Marblehead Academy, has been completely refurbished to accommodate the district’s seventh and eighth grade population while high school students enjoy the privilege of completing their public school education at a recently constructed stateof-the-art high school facility. Marblehead school buildings, whether old or new, are kept clean and well maintained, are orderly, conducive to learning and provide excellent opportunities for all children to achieve.
Component VIII: Program Plan and Evaluation
Does the district evaluate its programs in accordance with regulatory requirements? Does it use the results of its evaluations to improve programs? Do parents have opportunities for input on program needs, program implementation, and program evaluation and improvement?
The Director of Student Services meets regularly with his administrative staff to review and evaluate the special education programs and services. Parents are also included by way of an annual survey that gathers feedback regarding the effectiveness of programs and services for their children. However, it is unclear if the results are tabulated into meaningful data that is further evaluated and results in program improvements. The district should continue its efforts to reactivate the Special Education Parent Advisory Council which, when functioning, serves as a vehicle for parent input regarding training needs and program evaluation and improvement. There is no evidence that the district has conducted a formal written evaluation of the English Learner Education program; however, it is clear from the current emphasis on teacher training and student assessment that the needs and requirements of this program are being addressed.
The district has conducted a needs assessment of the Title l program and it is clear that data analysis plays a central role in decision-making. However, there is no written school-based needs assessment conducted on an annual basis that involves parents, teachers and administrators. In addition, there is no formal written evaluation of the effectiveness of the program conducted on an annual basis.
Component IX: Record keeping
Does the District maintain required records and documentation for each program area? Are entitlement grants appropriately designed, amended, and monitored? Does the district use federal grant funds in accordance with statutory fund-use rules, including supplement not supplant provisions where applicable?
Does the district meet applicable maintenance of effort requirements?
The district maintains the required records and documentation for each program area. The special education child count is appropriately maintained and is filed annually as required.
The Federal Special Education Entitlement Grant is designed and administered in the appropriate manner and adheres to the procedures and timelines as required by the
Department. The district needs to review and update its central data collection process, as there appear to be some discrepancies and/or disproportionality in certain categories.
Marblehead administrators and staff report that they have been trained and appear to be maintaining the confidentiality of student records in each program area. Not all ELE student records were complete and contained all of the required assessment data. However, it is clear that the district is in the process of developing and implementing a centralized data collection system that will ensure consistency, accuracy, and regulatory compliance.
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DEFINITION OF TERMS
FOR THE RATING OF EACH COMPLIANCE CRITERION
Commendable Any requirement or aspect of a requirement implemented in an exemplary manner significantly beyond the requirements of law or regulation.
Implemented
Partially Implemented
The requirement is substantially met.
The requirement, in one or several important aspects, is not entirely met.
Not Implemented The requirement is totally or substantially not met.
Not Applicable The requirement does not apply to the school district or charter school.
Several key areas of compliance with federal special education requirements have been highlighted in
SHADED TEXT in the Program Review Criteria. These highlighted areas are included in the
Massachusetts Continuous Improvement Plan (CIP) that is being used by the U.S. Department of
Education, Office of Special Education Programs (OSEP), to track over time this state’s compliance in these key areas.
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School District or Charter School: Marblehead Public Schools
SUMMARY OF COMPLIANCE CRITERIA INCLUDED IN THIS REPORT
RECEIVING A COMMENDABLE RATING
FROM THE DEPARTMENT OF EDUCATION
Civil Rights and Other
General Education
Requirements
Safe and Drug
Free Schools
MOA 6B SDF 2, SDF 2A, SDF 3
SUMMARY OF COMPLIANCE CRITERIA INCLUDED IN THIS REPORT
REQUIRING CORRECTIVE ACTION PLAN DEVELOPMENT in response to the following
COORDINATED PROGRAM REVIEW REPORT FINDINGS
PROGRAM AREA PARTIALLY
IMPLEMENTED
NOT IMPLEMENTED OTHER CRITERIA
REQUIRING
RESPONSE
Special Education
Civil Rights and Other
General Education
Requirements
SE1, SE2, SE3, SE4, SE8,
SE10, SE50, SE53, SE54,
SE56
MOA 1, MOA 2,
MOA 6, MOA 7, MOA 9,
MOA 12A, MOA 14A,
MOA 16, MOA 18A,
MOA 21, MOA 23A
SE 7, SE 29, SE 32
Title I Tl 11, Tl 19, Tl 21, Tl 23,
Tl 29A, Tl 32
SDF 7, SDF 8 Safe and Drug Free
Schools
English Learner
Education
ELE 1, ELE 3, ELE 4,
ELE 5, ELE 6, ELE 7, ELE
8, ELE 9, ELE 10, ELE 11,
ELE 12, ELE 13, ELE 14,
ELE 16, ELE 17, ELE 18
NOTE THAT ALL OTHER CRITERIA REVIEWED BY THE DEPARTMENT THAT IS NOT
MENTIONED ABOVE HAVE RECEIVED AN “IMPLEMENTED” RATING.
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COMPONENT I: ASSESSMENT OF STUDENTS
The criteria in this component examine whether the District has implemented an assessment system that uses appropriate instruments, conducted according to the specified timelines and covering the appropriate content areas to determine instructional needs of students for the program areas listed below:
Special Education (Report Issues # SE 1-14)
English Learner Education (Report Issues # ELE 1-2)
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CRITERION
NUMBER
SE 1
SPECIAL EDUCATION
I. ASSESSMENT OF STUDENTS
Legal Standard
Assessments are appropriately selected and interpreted for students referred for evaluation
1. Tests and other evaluation materials are: a. b. c. d. validated administered and interpreted by trained individuals tailored to assess specific areas of educational need selected and administered to reflect aptitude and g. h. i. e. f. achievement levels as free as possible from cultural and linguistic bias provided in the student's native language or other mode of communication where feasible not the sole criterion for determining an appropriate educational program not only those designed to provide a single general intelligence quotient j.
are selected and administered to ensure that when a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level or the other factors the test purports to measure technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors
2. In interpreting evaluation data and making decisions, the district: a. uses information from a variety of sources to gather relevant b. functional and developmental information, including information provided by the parent ensures that information obtained from these sources is c. d. considered ensures that the placement decision conforms with placement in the least restrictive environment includes information related to enabling the student to be involved in and progress in the general curriculum
State Regulations
28.04
28.05
Federal Requirements
34 CFR 300.532, 300.535
34 CFR 104.35(b)
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
Student records, staff interviews and the review of documentation indicate that unusually high numbers of students have been identified as neurologically impaired (Traumatic Brain Injury) while unusually low numbers of students have been identified as having specific learning disabilities, which may be the result of misinterpretation of evaluation data pursuant to item 2 above. The district has reported 42.9% of its disabled students in the category of Traumatic Brain Injury as compared to the state average of 2.8% while its reporting of students with Specific Learning Disabilities is 6.3% as
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compared to the state average of 45.9%. In terms of the data reported, this discrepancy requires further review and clarification by the district in regard to standards under this criterion.
CRITERION
NUMBER
SE 2
Legal Standard
Required and optional assessments
1. Required assessments: The following assessments are completed by appropriately credentialed and trained specialists for each referred student: a.
Assessment(s) in all areas related to the suspected disability b.
(ies) including consideration of any needed assistive technology devices and services and/or instruction in
Braille.
Educational assessment by a representative of the school c.
district, including a history of the student’s educational progress in the general curriculum.
Assessment by a teacher(s) with current knowledge regarding the student’s specific abilities in relation to d.
learning standards of the Massachusetts Curriculum
Frameworks and the district curriculum, as well as an assessment of the student’s attention skills, participation behaviors, communication skills, memory, and social relations with groups, peers, and adults.
For a child being assessed to determine eligibility for services at age three (3), an observation of the child’s interactions in the child’s natural environment or early
2. intervention program is strongly encouraged together with the use of current assessments from early intervention
Teams to avoid duplicate testing.
Optional assessments: The Administrator of Special Education may recommend or the parent may request one or more of the following: a.
A comprehensive health assessment by a physician that identifies medical problems or constraints that may affect the student's education. The school nurse may add additional relevant health information from the student’s school health records. b.
A psychological assessment by a certified school psychologist, licensed psychologist, or licensed educational psychologist, including an individual psychological examination. c.
A home assessment that may be conducted by a nurse, psychologist, social worker, guidance or adjustment counselor, or teacher and includes information on pertinent family history and home situation and may include a home visit, with the agreement of the parent
3.
At the re-evaluation of a student, if the Team decides that no additional assessments are needed to determine whether the student continues to be eligible for special education, the school district recommends to the student’s parents the following: a.
that no further assessments are needed and the reasons for this; and
Marblehead Public Schools Coordinated Program Review Report Page 18 of 133
CRITERION
NUMBER b.
State Regulations
Legal Standard the right of such parents to request an assessment.
Federal Requirements
28.04 (1) and (2) 300.532; 300.346.(a)(2)(v)
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
Based on the SIMS (Student Information Management System) data submitted to the Department identifying the disability categories of special needs students, it is not clear that persons conducting neurological evaluations have the appropriate license and/or credential consistent with the assessment requirements in SE 1.
Student records did not always include teacher and educational assessments as required (1b).
CRITERION
NUMBER
SE 3
Legal Standard
Special requirements for determination of specific learning disabilities
When the district proposes to evaluate a child suspected of having a specific learning disability, the following requirements are implemented: a. Team membership: The district ensures the Team includes at a minimum the parent, the child’s regular classroom teacher appropriate to the age of the child and at least one person qualified to conduct individual diagnostic examinations of children. b. Criteria for determining the existence of a specific learning disability:
1.
the achievement is determined not to be commensurate with the age and ability of the child;
2.
a severe discrepancy exists in one or more areas between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill and reading comprehension, mathematics calculation and reasoning;
3.
the severe discrepancy between ability and achievement is not resulting from visual, hearing or motor impairment, mental retardation, emotional disturbance or environmental, cultural or economic disadvantage. c. Required observation of the child:
1.
at least one Team member other than the child’s regular teacher observes the child’s academic performance in the regular classroom setting;
2.
if the child is less than school age, the observation is conducted in an environment appropriate for a child of that age. d. Written documentation of the Team’s determination of eligibility due to the presence of a specific learning disability includes the following:
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CRITERION
NUMBER
Legal Standard
1.
statement whether the child has a specific learning disability;
2.
the basis for making the determination;
3.
the relevant behavior noted during the observation of the child;
4.
the relationship of that behavior to the child’s academic functioning;
5.
the educationally relevant medical findings, if any;
6.
statement whether there is a severe discrepancy between achievement and ability that is not correctable without special education and/or related services; and
7.
the determination of the Team concerning the effects of environmental, cultural, or economic disadvantage. e. Required written certification of Team members:
Each Team member certifies in writing whether the report reflects his or her conclusion. If not, the Team member submits a separate statement presenting his or her conclusions.
State Regulations Federal Requirements
34 CFR 300.540-543
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
Interviews indicated that not all special education staff are aware of the special requirements of the determination of specific learning disabilities. The data submitted by the Marblehead Public Schools to the Department indicates that this is an area that is significantly disproportionate to the state average (45.9% State average, 6.3% Marblehead). The discrepancy may indicate the district data as reported is not reliable and requires further review by the district in regard to the standards under this criterion. See SE 1 for related findings.
CRITERION
NUMBER
SE 4
Legal Standard
Reports of assessment results
1.
Each person conducting an assessment shall summarize in writing the procedures employed, the results, and the diagnostic impression, and shall define in detail and in educationally relevant and common terms, the student’s needs, offering explicit means of meeting them. Assessors may recommend appropriate types of placements, but shall not recommend specific classrooms or schools.
2.
Summaries of assessments are completed prior to discussion by the Team and, upon request, are made available to the parent at least two days in advance of the Team discussion.
State Regulations Federal Requirements
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CRITERION
NUMBER
Legal Standard
28.04(2)(c) 300.532
CRITERION
NUMBER
SE 6
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
Staff evaluations did not always define in detail the student needs and the explicit means of meeting them, as required in section 1 of this criterion.
CRITERION
NUMBER
SE 5
Legal Standard
Participation in general State and district-wide assessment programs
1.
All students with disabilities whose placements are funded by the district are included in the Massachusetts Comprehensive Assessment System (MCAS) and other district-wide assessment programs.
2.
The district’s IEP Teams designate how each student will participate and, if necessary, provide an alternate assessment.
3.
The superintendent of a school district--or, for a public school program that is not part of a school district, the equivalent administrator— a.
files an MCAS performance appeal for a student with a disability when the student’s parent or guardian or the student, if 18 or over, requests it, provided that the student meets the eligibility requirements for such an appeal; b.
obtains the consent of the parent or guardian or the student, if 18 or over, for any MCAS performance appeal filed on behalf of a student with a disability; c.
includes in the MCAS performance appeal, to the extent possible, the required evidence of the student’s knowledge and skills in the subject at issue.
State Requirements
St. 2003, c. 140;
603 CMR 30.05(2),(3),(5)
Federal Requirements
34 CFR 300.138; 300.139
Rating: Implemented District Response Required : No
Legal Standard
Determination of transition services
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CRITERION
NUMBER
Legal Standard
1.
2.
3.
4.
For a student who is 14 years of age, the Team considers the student’s course of study in relation to the student’s future goals and document this in the IEP.
For a student who is 16 years of age, or younger if appropriate, the Team includes in the IEP services that promote movement of the student from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation.
The transition services are based upon the student's needs, taking into account the student's preferences and interests and includes specially designed instruction, community experiences, the development of employment or other post-school adult living objectives, and, if appropriate, the acquisition of daily living skills and functional vocational evaluation.
For any student approaching graduation or the age of twenty-two, the Team determines whether the student is likely to require continuing services from adult human service agencies. In such circumstances, the Administrator of
Special Education makes a referral to the Bureau of Transitional Planning in the Executive Office of Health and Human Services in accordance with the requirements of M.G.L. c.71B, §12A-§12C (known as Chapter 688).
5. In cases where the IEP included needed transition services and a participating agency other than the school district fails to provide these services, the Team reconvenes to identify alternative strategies to meet the transition objectives.
6. The district ensures that students age 14, or younger if appropriate, are invited to and encouraged to attend part or all of Team meetings at which transition services are discussed or proposed
State Requirements
M.G.L. Ch.71B, Sections 12A-C
Federal Requirements
34 CFR 300.344(b), 300.347
603 CMR 28.05(4)(c)
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 7
Legal Standard
Transfer of parental rights at age of majority and student participation and consent at the age of majority
1.
One year prior to the student reaching age eighteen, the district informs the student of his or her right at age 18 to make all decisions in relation to special education programs and services.
2.
Upon reaching the age of eighteen, the school district implements procedures to
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CRITERION
NUMBER
Legal Standard obtain consent from the student to continue the student’s special education program.
3.
The district continues to send the parent written notices and information but will no longer have decision-making authority, except as provided below.
(a) If the parent has sought and received guardianship from a court of competent jurisdiction, then the parent retains full decision-making authority. The parent does not have authority to override any decision or lack of decision made by the student who has reached the age of majority unless the parent has sought or received guardianship or other legal authority from a court of competent jurisdiction
(b) The student, upon reaching the age of majority and in the absence of any court actions to the contrary, may choose to share decisionmaking with his or her parent (or other willing adult), including allowing the parent to co-sign the IEP. Such choice is made in the presence of the Team and is documented in written form. The student’s choice prevails at any time that a disagreement occurs between the adult student and the parent or other adult with whom the student has shared decision-making
(c) The student, upon reaching the age of majority and in the absence of any court actions to the contrary, may choose to delegate continued decision-making to his or her parent, or other willing adult. Such choice is made in the presence of at least one representative of the school district and one other witness and is documented in written form and maintained in the student record.
State Regulations
603 CMR 28.08(5)
Federal Requirements
300.347(c), 300.517
Rating: Not Implemented District Response Required : Yes
Department of Education Findings:
The student records did not contain any evidence that students reaching the age of majority and their parents are informed, as required by this criterion.
CRITERION
NUMBER
SE 8
Legal Standard
Evaluation Team composition
The following persons are members of the evaluation Team:
1.
The child’s parents
2.
A representative of the school district who acts as Chairperson and who is
(1) qualified to supervise or provide special education; (2) is knowledgeable
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CRITERION
NUMBER
Legal Standard about the general curriculum; and (3) is knowledgeable about the availability of resources of the district.
3.
A representative of the school district who has the authority to commit the resources of the district (and who may act as the Chairperson)
4.
A teacher who has recently had or currently has the student in a classroom or other teaching situation. If the student is involved or may be involved in a regular education program, a regular education teacher must be included as a
Team member.
5.
The student, age fourteen and older, if he/she chooses
6.
Other individuals at the request of the student's parents
7.
At least one teacher or specialist trained in the area of the student's suspected special needs
8.
Individuals who are qualified to interpret the instructional implications of evaluation results
9.
Other individuals who may be necessary to write an IEP for the child, as determined by the Administrator of Special Education
10.
When one purpose of the Team meeting is to discuss transition services, the student age sixteen or older (or younger, if appropriate) is a part of Team process. If the student does not attend the Team meeting, the school district ensures that the Team is informed of the student's interests and preferences.
11.
When one purpose of the Team meeting is to discuss transition services, a representative of any public agency who may be responsible for providing or paying for transition services is invited to the Team meeting. If the representative(s) does not attend the meeting, the school district takes other steps to obtain the participation of these agencies.
12.
When one purpose of the Team meeting is to discuss vocational education needs, a person knowledgeable about vocational education placement options is present at the meeting.
State Regulations
28.02(22)
Federal Requirements
34 CFR 300.344; 300.552
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
A review of IEP Team meeting attendance sheets and interviews with staff indicated that general education staff at the high school do not regularly attend IEP team meetings, as required in section 4 of this criterion.
CRITERION
NUMBER
Legal Standard
SE 9
Eligibility determination: Timelines for evaluation, provision of IEP and/or
Marblehead Public Schools Coordinated Program Review Report Page 24 of 133
CRITERION
NUMBER
Legal Standard identification of other needed instructional programs
1.
Within forty-five school working days after receipt of the parent's written consent to an initial evaluation, unscheduled evaluation, or re-evaluation, the school district: a.
b.
c.
d.
e.
provides an evaluation convenes a Team meeting determines whether the student has one or more disabilities determines if the student is making effective progress in school determines if any lack of progress is a result of the student’s f.
disability determines if the student requires special education and/or related services and/or accommodations in order to make effective progress or that the student requires related services in order to access the g.
h.
i.
general curriculum develops an IEP where the student is found to need special education provides the parent with the proposed IEP, or a written explanation of the finding of no eligibility determines that a student is ineligible to receive special education and/or the student’s lack of progress is due to a lack of instruction in reading or math or limited English proficiency or social maladjustment, the student is referred to a more appropriate instructional program or support service determines at the time of re-evaluation if the student would continue j.
to make progress in school without the provision of special education services.
2.
If a Team determines that a student is not eligible for special education but may be eligible for accommodation(s) for disability(ies) under Section 504, the student is referred for consideration by the district for eligibility under that regular education program.
3.
When the development of a student’s IEP does not indicate a need for direct services, the Team makes a finding of no eligibility and appropriate services are provided through the district’s general education program.
State Regulations
28.05(1) and (2)
Federal Requirements
300.534
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 10
End of school year evaluations
Legal Standard
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CRITERION
NUMBER
Legal Standard
If consent is received within thirty (30) to forty-five (45) school working days before the end of the school year, the school district ensures that a Team meeting is scheduled so as to allow for the provision of a proposed IEP or written notice of the finding that the student is not eligible no later than fourteen (14) days after the end of the school year..
State Regulations
28.05(1)
Federal Requirements
300.342
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
In some cases parents have not been presented with a proposed IEP or finding of no special needs within the required timelines as referenced in the above criteria.
CRITERION
NUMBER
Legal Standard
Marblehead Public Schools Coordinated Program Review Report Page 26 of 133
CRITERION
NUMBER
SE 11
Legal Standard
School district response to parental request for independent educational evaluation
If a parent disagrees with an initial evaluation or re-evaluation completed by the school district, and the parent requests an independent educational evaluation, the district implements the following requirements:
1.
All independent educational evaluations funded by the district are conducted by qualified persons who are registered, certified, licensed or otherwise approved and who abide by the rates set by the state agency responsible for setting such rates. Unique circumstances of the child are justified when an individual assessment rate is higher than that normally allowed.
2.
The school district has procedures to offer parents the option of participating in an income eligibility program for free or reduced cost independent educational evaluations that are equivalent to the types of assessments done by the school district.
3.
The district extends the right to a publicly funded independent educational evaluation (only if cost shared or funded for state wards or for students receiving free or reduced cost lunch) for sixteen (16) months from the date of the evaluation with which the parent disagrees.
4.
If the parent is requesting an evaluation in an area not assessed by the school district, or if the student does not meet or the parent does not choose to share the financial documentation regarding the income eligibility standards for free or reduced cost independent educational evaluation, then the school district responds in accordance with the requirements of federal law by paying for the independent educational evaluation or, within five school days, proceeding to Special Education Appeals to show that its evaluation was comprehensive and appropriate. Where the Department’s Special
Education Appeals finds that the school district’s evaluation was comprehensive and appropriate, the school district does not pay for the independent educational evaluation requested by the parent.
5.
Whenever possible, the independent educational evaluation is completed and a written report sent no later than thirty (30) days after the date the parent requests the independent educational evaluation. If publicly funded, the report is sent to the parents and to the school district. The independent evaluator’s report summarizes, in writing, procedures, assessments, results, and diagnostic impressions as well as educationally relevant recommendations for meeting identified needs of the student. The independent evaluator recommends appropriate types of placements but does not recommend specific classrooms or schools.
6.
Within ten (10) school days from the time the school district receives the report of the independent educational evaluation, the Team reconvenes and considers the independent educational evaluation (which may be publicly or privately funded) and whether a new or amended IEP is appropriate.
State Regulations
28.04(5)
Federal Requirements
300.502(a)(3)(i)
Rating: Implemented District Response Required : No
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CRITERION
NUMBER
SE 12
Legal Standard
Frequency of re-evaluation
1.
Every three years, or sooner if necessary, the school district, with parental consent, conducts a full three-year re-evaluation consistent with the requirements of federal law.
2.
The district implements re-evaluation procedures in all cases where it is suspected that a student is no longer eligible for special education.
State Regulations
28.04(3)
Federal Requirements
300.536
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 13
Legal Standard
Progress Reports and content
1.
Parents receive reports on the student's progress toward reaching the goals set in the IEP at least as often as parents are informed of the progress of nondisabled students.
2.
Progress report information sent to parents includes written information on the student’s progress toward the annual goals in the IEP, including information on the extent to which such progress is sufficient to enable the child to achieve the goals by the end of the year.
State Regulations
28.07(3)
Federal Requirements
34 CFR 300.347
Rating: Implemented District Response Required: No
CRITERION
NUMBER
SE 14
Annual review Team meeting
Legal Standard
At least annually, on or before the anniversary date of the implementation of the IEP, a Team meeting (including the major service providers and the parent) is held to
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CRITERION
NUMBER
Legal Standard consider the student’s progress and to review, revise, or develop a new IEP or refer the student for a re-evaluation, as appropriate.
State Regulations
28.04(3)
Federal Requirements
300.343(c)
Rating: Implemented District Response Required : No
CRITERION
NUMBER
ELE 1
ENGLISH LEARNER EDUCATION
I. ASSESSMENT OF STUDENT PROGRESS
Legal Standard
Annual Assessment
1.
The district annually assesses the English proficiency of all limited English proficient (LEP) students.
2.
The following tests selected by the Massachusetts Board of Education are administered annually by qualified staff to students who are English learners:
(a) the Massachusetts Comprehensive Assessment System (MCAS) in grades 3-12; and
(b) the Massachusetts English Proficiency Assessment (MEPA) in grades 3-12, and the Massachusetts English Language Assessment
– Oral (MELA-O) in grades K-12.
Authority: G.L. c. 71A, § 7; 603 CMR 14.02
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
The district has not completed the process of identifying all students who may be Limited English
Proficient and require the annual testing, as set forth in the above standards.
CRITERION
NUMBER
ELE 2
Legal Standard
MCAS Participation
Limited English proficient students participate in the annual administration of the
MCAS (Massachusetts Comprehensive Assessment System) exam as required and in accordance with Department guidelines.
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CRITERION
NUMBER
Legal Standard
Authority: GL. C. 71A, § 7; G.L. c. 69, § 1I; N.C.L.B., Title I, Title VI
Rating: Implemented District Response Required : No
Marblehead Public Schools Coordinated Program Review Report Page 30 of 133
COMPONENT II: STUDENT IDENTIFICATION AND PLACEMENT
The criteria in this component examine whether the district has followed procedures for student identification and placement into the program according to the criteria in regulations for the program areas listed below:
Special Education (Report Issues # SE 15-23)
Civil Rights Methods of Administration (Report Issues # MOA 1-6)
Title I (Report Issues # TI 19-20)
English Learner Education (Report Issues # ELE 3-6)
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CRITERION
NUMBER
SE 15
SPECIAL EDUCATION
II. STUDENT IDENTIFICATION AND PLACEMENT
Legal Standard
Outreach by the School District (Child Find)
The district has annual or more frequent outreach and continuous liaison with those groups below from which promotion or transfer of students in need of special education may be expected, or which would include students in need of special education:
1.
professionals in community
2.
3.
private nursery schools day care facilities
4.
5.
6.
7. group homes parent organizations clinical /health care agencies early intervention programs
8.
9.
other public/private/parochial schools other agencies/organizations
10.
the school itself, including charter schools
11.
agencies serving migrant and/or homeless persons pursuant to the
McKinney-Vento Education Act for Homeless Children
State Regulations Federal Requirements
34 CFR 300.125; 300.312
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 16
Legal Standard
Screening
1.
The school district conducts screening for three and four year olds and for all children who are of age to enter kindergarten. Such screening is designed to review a child’s development and to assist in identification of those children who should be referred for an evaluation to determine eligibility for special education services.
2.
3.
Participation in the screening program for three and four year olds is optional on the part of the parents.
Provision is made for ongoing and periodic screening of all students as required by the Department of Public Health (vision, hearing, and posture).
State Regulations
28.03(1)(d)
Chapter 71, Section 57
Federal Requirements
Rating: Implemented District Response Required : No
Marblehead Public Schools Coordinated Program Review Report Page 32 of 133
CRITERION
NUMBER
SE 17
Legal Standard
Initiation of services at age three and Early Intervention transition procedures
1.
The school district encourages referrals from the Department of Public
Health, other agencies, and individuals for young children when or before the child turns two-and-one-half years old in order to ensure continuity of services and to ensure the development and implementation of an IEP for eligible children by the date of the child's third birthday in accordance with federal requirements.
2.
The district implements procedures to ensure the effective transition of young children with disabilities from Early Intervention Programs through participation in transition planning conferences arranged by such programs.
State Regulations
28.06(7)(b)
Federal Requirements
34 CFR 300.24(b)(3); 300.121(c);
300.132; 300.342(c)
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 18A
Legal Standard
IEP development and content
1.
Upon determining that the student is eligible for special education, the Team, including the parent(s), develops an IEP at the Team meeting using the evaluation data to guide development of measurable, annual goals and objectives/benchmarks for the student. If the district chooses to draft any element(s) of the IEP for discussion, the Team Chairperson ensures that those elements are genuinely considered prior to adoption at the Team meeting.
All ideas and needs of the child as expressed by all Team members, especially the parents, are genuinely considered by the district prior to proposing the IEP.
2.
The IEP includes specially designed instruction to meet the needs of the individual student and related services that are necessary to allow the student to benefit from the specially designed instruction, or consists solely of related services that are necessary to allow the student to access the general curriculum, consistent with federal and state requirements.
3.
In developing the IEP, the Team proposes specially designed instruction and related services according to the needs of the child and not according to the availability of such instruction or related services.
4.
The IEP is completed addressing all elements of the most current IEP format provided by the Department of Education. Where applicable, the district
Marblehead Public Schools Coordinated Program Review Report Page 33 of 133
CRITERION
NUMBER
Legal Standard includes in the IEP, or other notice to the parent, information regarding the implementation of any necessary restraint procedures for students as required under 603 CMR 46.00.
5.
If the Team members are unable to agree on the IEP, the Team chairperson states the elements of the IEP proposed by the school district.
6.
The school district ensures that each IEP Team has at least one person with authority to commit the resources of the district and that whatever services are set out in the IEP will actually be provided and that the IEP will not be changed at a higher administrative level within the district.
7.
The IEP is written in generally understandable language.
State Regulations
28.05(3), (4), (6) and (7)
28.06(2)
Federal Requirements
34 CFR 300.340-300.350;
300.343(a)
34 CFR Part 300, Appendix A,
Question #22.
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 18B
Legal Standard
Determination of placement; provision of IEP to parent
1.
At the Team meeting, after the IEP has been fully developed, the Team determines the appropriate placement to deliver the services on the student’s
IEP.
2.
Unless the student’s IEP requires some other arrangement, the student is educated in the school that he or she would attend if the student did not require special education.
3.
The decision regarding placement is based on the IEP, including the types of related services that are to be provided to the child, the type of settings in which those services are to be provided, the types of service providers, and the location at which the services are to be provided.
4.
The placement selected by the Team is the least restrictive environment consistent with the needs of the student.
5.
Immediately following the development of the IEP, and within 45 school working days after receipt of the parent’s written consent to an initial evaluation or reevaluation, the district provides the parent with two (2) copies of the proposed IEP and proposed placement along with the required notice, except that the proposal of placement may be delayed according to the provisions of 603
CMR 28.06(2)(e) in a limited number of cases.
State Regulations Federal Requirements
Marblehead Public Schools Coordinated Program Review Report Page 34 of 133
CRITERION
NUMBER
28.05(6) and (7)
Rating: Implemented
Legal Standard
34 CFR 300.346
District Response Required : No
CRITERION
NUMBER
SE 19
Legal Standard
Extended evaluation
If the Team finds a student eligible for special education and finds the evaluation information insufficient to develop a full or partial IEP, the Team, with the parents’ consent, agrees to an extended evaluation period.
1.
The extended evaluation period is not used to deny programs or services determined to be necessary by the Team. If, prior to the extended evaluation, the Team determines that sufficient information is available to determine, in part, necessary annual goals and services, the Team writes a partial IEP that, if accepted by the parent, is immediately implemented by the district while the extended evaluation is occurring.
2.
The extended evaluation period is not used to allow additional time to complete the required assessments.
3.
If the parent consents to an extended evaluation, the Team documents their findings and determines what evaluation time period is necessary and the types of information needed to develop an IEP. The Team may decide to meet at intervals during the extended evaluation, but in all cases reconvenes promptly to develop an IEP when the evaluation is complete.
4.
The extended evaluation may extend longer than one week, but does not exceed eight school weeks.
5.
The extended evaluation is not considered a placement.
State Regulations Federal Requirements
28.05(2)(b)
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 20
Legal Standard
Least restrictive program selected
1.
The program selected is the least restrictive environment for students, with
Marblehead Public Schools Coordinated Program Review Report Page 35 of 133
CRITERION
NUMBER
Legal Standard
2.
3.
4.
consideration given to any potential harmful effect on the student or on the quality of services that he or she needs.
If the student is removed from the general education classroom at any time, the Team states why the removal is considered critical to the student’s program and the basis for its conclusion that education of the student in a less restrictive environment, with the use of supplementary aids and services, could not be achieved satisfactorily.
The district does not remove an eligible child from the general education classroom solely because of needed modification in the curriculum.
If a student’s IEP necessitates special education services in a day or residential facility or an out-of-district educational collaborative program, the
IEP Team considers whether the student requires special education services and support to promote the student’s transition to placement in a less restrictive program.
State Regulations
28.06(2)(a); Chapter 71B, section 3
Federal Requirements
34 CFR 300.130; 300.550-300.556
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 21
Legal Standard
School day and school year requirements
1.
The Team routinely considers the need for an educational program that is less than or more than the regular school day or school year, including extended day, or year, and/or residential services and indicates on the IEP why the shorter or longer program is necessary.
2.
The daily duration of the child’s program is equal to that of the regular school day unless the Team states that a different duration is necessary to provide a free appropriate public education to the child. In such case the daily duration of the program shall be specified by the Team, and Team shall state on the IEP the reason for such different duration.
3.
Specialized transportation schedules do not impede a student’s access to a full school day and program of instruction.
4.
An extended day or year program is identified if the student has demonstrated or is likely to demonstrate substantial regression in his or her learning skills and/or substantial difficulty in relearning such skills if an extended program is not provided.
5.
If residential services are required, the IEP clearly specifies the reasons for such determination and how such services will be coordinated with the day education services provided to the student. Additionally, the annual goals and services on the student’s IEP reflects the comprehensive nature of the educational program
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CRITERION
NUMBER
Legal Standard required.
6.
Camping or recreation programs provided solely for recreational purposes and with no corresponding IEP goals or specially designed instruction are not to be considered for extended year programs.
State Regulations
28.05(4)
Chapter 69, Section 1G
Federal Requirements
34 CFR 300.309(b)
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 22
Legal Standard
IEP implementation and availability
1.
Where the IEP of the student in need of special education has been accepted in whole or in part by that student's parent, the school district provides the mutually agreed upon services without delay.
2.
At the beginning of each school year, the district has an IEP in effect for each eligible student within its jurisdiction.
3.
Each teacher and provider described in the IEP is informed of his or her specific responsibilities related to the implementation of the student’s IEP.
4.
The school district does not delay implementation of the IEP due to lack of classroom space or personnel, provides as many of the services on the accepted IEP as possible and immediately informs parents in writing of any delayed services, reasons for delay, actions that the school district is taking to address the lack of space or personnel and offers alternative methods to meet the goals on the accepted IEP. Upon agreement of the parents, the school district implements alternative methods immediately until the lack of space or personnel issues are resolved.
State Regulations
28.05(7)(b); 28.06(2)(d)(2)
Federal Requirements
34 CFR 300.342
Rating: Implemented District Response Required : No
CRITERION
NUMBER
Legal Standard
Marblehead Public Schools Coordinated Program Review Report Page 37 of 133
CRITERION
NUMBER
SE 23
Legal Standard
Confidentiality of personally identifiable information
The district protects the confidentiality of any personally identifiable information that is collected, used or maintained in accordance with federal and state law.
State Regulations Federal Requirements
603 CMR 23.00 (Student Records Regulations) 34 CFR 300.560-576; Family
Privacy Act
Educational Rights and
(FERPA)
Rating: Implemented District Response Required : No
CRITERION
NUMBER
MOA 1
CIVIL RIGHTS METHODS OF ADMINISTRATION
II. STUDENT IDENTIFICATION AND PLACEMENT
Legal Standard
Identification of limited-English-proficient students
The district uses qualified staff and appropriate procedures and assessments to identify students who are limited-English-proficient and assess their level of English proficiency.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(a),(b); EEOA: 20 U.S.C. 1703(f); 603
CMR 14.02; M.G.L c. 76, s. 5; 603 CMR 26.03
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
The district is currently in the process of developing and implementing procedures to fully comply with these criteria. The Corrective Action Plan will address activities, timelines and staff responsible for completion of the compliance criteria.
CRITERION
NUMBER
Legal Standard
MOA 2 Program modifications and support services for limited-English-proficient students
The district implements necessary program modifications and support services to serve effectively limited-English-proficient students who need special language
Marblehead Public Schools Coordinated Program Review Report Page 38 of 133
CRITERION
NUMBER
Legal Standard assistance. Such program modifications and support services:
1.
are based on sound education theory;
2.
provide for English-language development;
3.
provide for the meaningful participation of limited-English-proficient students in the district’s educational program;
4.
are evaluated and appropriately revised in an ongoing manner; and
5.
are demonstrably useful in assisting students receiving such program modifications and services to gain English language proficiency.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(a),(b); EEOA: 20 U.S.C. 1703(f); M.G.L. c. 71, s. 38Q1/2; 603 CMR 28.03(3)(a); M.G.L. c. 71A, ss. 2(e), 4; 603 CMR 14.04;
M.G.L. c. 76, s. 5; 603 CMR 26.03
Department of Education Findings:
The district is currently in the process of developing and implementing procedures to fully comply with the above referenced criterion. The Corrective Action Plan will address activities, timelines and staff responsible for completion of the compliance criteria.
CRITERION
NUMBER
Legal Standard
MOA 2A Identification of homeless children and youth
The homeless education liaison designated under MOA 11A ensures that homeless children and youth are identified by school personnel and through coordination activities with other entities and agencies.
NCLB: Title X, Part C, Sec. 722(g)(6)(A)(i)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
MOA 2B
Rating: Partially Implemented District Response Required : Yes
Legal Standard
Equal educational opportunity for homeless children and youth
The homeless education liaison ensures that homeless children and youth enroll in,
Marblehead Public Schools Coordinated Program Review Report Page 39 of 133
CRITERION
NUMBER
Legal Standard
CRITERION
NUMBER
MOA 2C
Legal Standard
Access to services for homeless families, children, and youth
The homeless education liaison ensures that homeless families, children, and youth receive educational services for which they are eligible, including Head Start and
Even Start programs and preschool programs administered by the district, and referrals to health care services, dental services, mental health services, and other appropriate services.
NCLB: Title X, Part C, Sec. 722(g)(6)(A)(iii)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
MOA 3 and have a full and equal opportunity to succeed in, district schools.
NCLB: Title X, Part C, Sec. 722(g)(6)(A)(ii)
Rating: Implemented District Response Required: No
Legal Standard
Access to a full range of education programs
Students from linguistic, racial, and ethnic minorities; males; females; homeless students; and students with disabilities all have access equal to that of other students to the general education program and the full range of any occupational/vocational education programs offered by the district.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(a),(b); EEOA: 20 U.S.C. 1703(f); Title IX:
20 U.S.C. 1681; 34 CFR 106.31, 106.34, 106.35; Section 504: 29 U.S.C. 794; 34
CFR 104.4; Title II: 42 U.S.C. 12132; 28 CFR 35.130; IDEA: 34 CFR 300.305;
NCLB: Title III, Part A, Sec. 3121(c)(1)(C); Title X, Part C, Secs. 721, 722(g)(4);
Mass. Const. amend. art. 114; M.G.L. c. 71A, s. 7; c. 76, s. 5; 603 CMR 26.03
Rating: Implemented District Response Required : No
Marblehead Public Schools Coordinated Program Review Report Page 40 of 133
CRITERION
NUMBER
MOA 4
Legal Standard
Placement of disabled, linguistic and racial minority, homeless, and female/male students
Patterns of placement in district programs and services for disabled students, linguistic and racial minority students, homeless students, and females are consistent with patterns of placement for non-disabled students, linguistic and racial majority students, nonhomeless students, and males. If these patterns of placement are not consistent, the district is able to demonstrate that placements have been made for valid educational reasons.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(a),(b); EEOA: 20 U.S.C. 1703(f); Title IX:
20 U.S.C. 1681; 34 CFR 106.31, 106.34, 106.35, 106.36; Section 504: 29 U.S.C.
794; 34 CFR 104.4; Title II: 42 U.S.C. 12132; 28 CFR 35.130; NCLB: Title III, Part
A, Sec. 3121(c)(1)(C); Title X, Part C, Secs. 721, 722(g)(4); Mass. Const. amend. art. 114; M.G.L. c. 71A, s. 7; c. 71B, s. 6; c. 76, s. 5; 603 CMR 26.03
Rating: Implemented District Response Required : No
CRITERION
NUMBER
MOA 5A
Legal Standard
Placement of homeless students
According to the best interest of the homeless student, the district either
1.
continues the student’s education in the student’s school of origin for the duration of homelessness and, if the student becomes permanently housed during an academic year, for the remainder of that academic year; or
2.
enrolls the student in any public school that nonhomeless students who live in the attendance area where the student is actually living (with or without parents) are eligible to attend.
If the district sends the student to a school other than the school of origin or a school requested by the student’s parent or guardian, it provides the parent or guardian with a written explanation, including a statement of the right to appeal the placement. If the student is an unaccompanied youth, notice of the right to appeal is provided to the student.
NCLB: Title X, Part C, Sec. 722(g)(3)(A), (B)
Rating: Implemented District Response Required : No
Marblehead Public Schools Coordinated Program Review Report Page 41 of 133
CRITERION
NUMBER
MOA 5B
Legal Standard
Immediate enrollment of homeless students
1.
The school where a homeless student is placed immediately enrolls the student even if he or she is unable to produce records normally required for enrollment, such as previous academic records, medical records, or proof of residency.
2.
The enrolling school immediately contacts the school last attended by the homeless student to obtain relevant academic and other records.
3.
If the homeless student needs to obtain immunizations or immunization or medical records, the enrolling school immediately refers the student’s parent or guardian (or the student, if an unaccompanied youth) to the homeless education liaison for assistance in obtaining them.
NCLB: Title X, Part C, Sec. 722(g)(3)(C)
Rating: Implemented District Response Required : No
CRITERION
NUMBER
MOA 5C
Legal Standard
Transportation of homeless students to and from the school of origin
1.
The school district has adopted policies and practices to ensure that transportation is provided, at the request of the parent or guardian (or in the case of an unaccompanied youth, the homeless education liaison), to and from the school of origin, in accordance with the following provisions.
2.
If the homeless student is continuing to attend his or her school of origin and continues to live in the school district in which the school of origin is located, the student’s transportation to and from the school of origin is provided or arranged by the school district in which the school of origin is located.
3.
If a homeless student is continuing to attend his or her school of origin but lives in another district than that in which the school of origin is located, the two districts agree on a method to apportion responsibility and costs for transportation to and from the school of origin. If they cannot agree on a method, the responsibility and costs are shared equally.
NCLB: Title X, Part C, Sec. 722(g)(1)(J)(iii)
Rating: Implemented District Response Required : No
Marblehead Public Schools Coordinated Program Review Report Page 42 of 133
CRITERION
NUMBER
Legal Standard
If a dispute arises over a homeless student’s placement or enrollment in a school:
1.
the school in which enrollment is sought immediately admits the homeless student, pending resolution of the dispute;
2.
the school provides the parent or guardian of the student with a written explanation of the school’s decision regarding school selection or enrollment, including the rights of the parent, guardian, or unaccompanied youth to appeal the decision;
3.
the student, parent, or guardian is referred to the homeless education liaison, who carries out the dispute resolution process prescribed by the Department of Education and, in the case of an unaccompanied youth, ensures that the youth is immediately enrolled in school pending resolution of the dispute.
NCLB: Title X, Part C, Sec. 722(g)(3)(E)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
MOA 6
Legal Standard
Availability of in-school programs for pregnant students
1.
Pregnant students are permitted to remain in regular classes and participate in extracurricular activities with non-pregnant students throughout their pregnancy, and after giving birth are permitted to return to the same academic and extracurricular program as before the leave.
2.
The district does not require a pregnant student to obtain the certification of a physician that the student is physically and emotionally able to continue in school unless it requires such certification for all students for other physical or emotional conditions requiring the attention of a physician.
Title IX: 20 U.S.C. 1681; 34 CFR 106.40(b)
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
The district did not provide a written policy that addresses the above referenced criterion.
Marblehead Public Schools Coordinated Program Review Report Page 43 of 133
CRITERION
NUMBER
TI 19
TITLE 1
II. STUDENT IDENTIFICATION AND PLACEMENT
Legal Standard
(For Targeted Assistance Schools) A description is available of the multiple, objective, educationally-related criteria used to identify and rank eligible students in grade 3 and higher who are failing or most at-risk of failing to meet the high student academic performance and assessment standards required of all students.
1115 (b)(1)(B) NCLB
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
Review of documentation and interviews with staff indicate that, while assessment results and informal teacher input is used to select students for services, no formal system for teacher referral and ranking of students has been established.
CRITERION
NUMBER
Legal Standard
TI 20 (For Targeted Assistance Schools) There is evidence that limited English proficient students are identified as eligible and selected for Title I services on the same basis as other students selected to receive services.
1115(b)(2)(A) NCLB
Rating: Implemented District Response Required : No
CRITERION
NUMBER
ELE 3
ENGLISH LEARNER EDUCATION
II. STUDENT IDENTIFICATION AND PLACEMENT
Legal Standard
Initial Identification
The district has procedures that actively seek to identify limited English proficient students.
Authority: G.L. c. 71A § 4, 5
Rating: Partially Implemented District Response Required: Yes
Marblehead Public Schools Coordinated Program Review Report Page 44 of 133
CRITERION
NUMBER
ENGLISH LEARNER EDUCATION
II. STUDENT IDENTIFICATION AND PLACEMENT
Legal Standard
Department of Education Findings:
The district is in the process of developing and implementing district-wide policies and procedures to ensure compliance with the above referenced criterion. The district does have procedures, which they are in the process of improving for existing students and the entry of new students through the creation of an ESL certified registrar located in the administration building.
CRITERION
NUMBER
ELE 4
Legal Standard
Waiver Procedures
1.
Waivers may be granted based on parent request, providing the parent annually visits the school and provides written informed consent. Parents must be provided with program descriptions in a language they can understand.
2.
Students who are under age 10, may only be granted waivers if (a) the student has been placed in an English language classroom for at least 30 calendar days, (b) the school certifies in no less than 250 words that the student “has special and individual physical or psychological needs, separate from lack of English proficiency” that requires an alternative program, and
(c) the waiver is authorized by both the school superintendent and principal.
All waiver requests and school district responses (approved or disapproved waivers) must be placed in the student’s permanent school record. For students under age 10, both the superintendent and the principal must authorize the waiver, and it must be made under guidelines established by, and subject to the review of the local school committee. These guidelines may, but are not required to, contain an appeals process. Students who are over age 10 may be granted waivers when it is the informed belief of the school principal and educational staff that an alternative program would be better for the student’s overall educational progress. Students receiving waivers may be transferred to other English language education programs.
See 603 CMR 14.04.
Authority: G.L. c. 71A, § 5
Rating: Not Applicable District Response Required : No
Department of Education Findings:
The number of students in the district does not meet the waiver requirements of 20 students of the same language in any one grade.
Marblehead Public Schools Coordinated Program Review Report Page 45 of 133
CRITERION
NUMBER
ELE 5
Legal Standard
Program Placement and Structure
The district places LEP students in
1.
“sheltered English immersion” classrooms, in which nearly all books and instructional materials are in English, but with the curriculum and presentation designed for students who are learning the language. All reading, writing and subject matter are taught in English. Teachers may use an English learner’s native language, when necessary, for clarification purposes. Districts may also modify general education classrooms, so that the activities and instruction in those classrooms provide sheltered English instruction to LEP students; or
2.
“two-way bilingual” classrooms, in which students develop language proficiency in two languages by receiving instruction in English and another language in a classroom that is usually comprised of an equal number of proficient English speakers and proficient speakers of the other language; or
3.
(for kindergarten students) either a sheltered English immersion, twoway bilingual, or an English-only language general education classroom with assistance in English language acquisition, including, but not limited to, English as a second language.
Authority G.L. c. 71A, § 2, 4, 7; Title VI
Rating: Implemented District Response Required : No
CRITERION
NUMBER
ELE 6
Legal Standard
Program Exit and Readiness
1.
The district does not re-designate a student from Limited English Proficient
(LEP) to Formerly Limited English Proficient (FLEP), until: a) s/he is deemed English proficient; and b) can participate meaningfully in all aspects of the district’s general education program without the use of adapted or simplified English materials.
2.
The time in which LEP students receive sheltered English immersion instruction is not normally intended to exceed one school year.
3.
Districts may not limit or cap the amount of time in which an LEP student is placed in a language support program and may only exit the student from such a program after determining that the student is proficient in English.
Marblehead Public Schools Coordinated Program Review Report Page 46 of 133
CRITERION
NUMBER
Legal Standard
Authority: Title VI; G.L. c. 71A, § 4
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
The district in the process of developing policies and procedures to ensure compliance with this criterion; however, to date the district has not completed the implementation of district-wide policies and procedures that meet the above standards.
Marblehead Public Schools Coordinated Program Review Report Page 47 of 133
COMPONENT III: PARENTAL INVOLVEMENT
The criteria in this component examine whether the district has ensured that parents are notified, in the appropriate language, and are involved in decisions regarding their children’s programs and services for the program areas listed below:
Special Education (Report Issues # SE 24-32)
Civil Rights Methods of Administration (Report Issue # MOA 6A-7)
Title I (Report Issues # TI 21-23)
Safe and Drug Free Schools (Report Issues # SDF 1-3)
English Learner Education (Report Issue # ELE 7)
Marblehead Public Schools Coordinated Program Review Report Page 48 of 133
CRITERION
NUMBER
SE 24
SPECIAL EDUCATION
III. PARENTAL INVOLVEMENT
Legal Standard
Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE
1.
A student may be referred for an evaluation by a parent or any person in a caregiving or professional position concerned with the student's development.
2.
When a student is referred for an evaluation to determine eligibility for special education, the school district sends written notice to the child's parent(s) within 5 school days of receipt of the referral.
3.
Notice is given by the district within a reasonable time for all other actions.
4.
The school district provides the student's parent(s) with an opportunity to consult with the Special Education Administrator or his/her designee to discuss the reasons for the referral and the nature of the proposed evaluation
5.
The district provides parents with an opportunity to consult with the
Administrator of Special Education or his/her designee regarding the evaluators to be used and the proposed content of all required and optional assessments
6.
The school district does not limit a parent’s right to refer a student for timely special education evaluation because the district has not fully explored and/or attempted some or all of the available instructional support programs or other interventions available in general education that may be described in the district’s Curriculum Accommodation Plan, including any pre-referral program.
7.
The school district refuses to conduct an initial evaluation only when the circumstances of a student make clear that there is no suspicion of a disability and that there is no concern about the student’s development.
State Regulations
28.04(1)
Federal Requirements
34 CFR 300.503(a)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
SE 25
Legal Standard
Parental consent
In accordance with state and federal law, the school district obtains informed parental consent as follows:
1.
The school district obtains written parental consent before conducting an initial evaluation and before making an initial placement of a student in a special education program. Written parental consent is obtained before conducting a reevaluation and before placing a student in a special education placement subsequent to the initial placement in special education.
2.
The school district obtains consent before initiating extended evaluation services.
Marblehead Public Schools Coordinated Program Review Report Page 49 of 133
CRITERION
NUMBER
Legal Standard
3.
The school district obtains consent to the services proposed on a student’s
IEP before providing such services..
4.
A parent is informed that consent may be revoked at any time. Except for initial evaluation and initial placement, consent may not be required as condition of any benefit to the child.
5.
When the participation or consent of the parent is required and the parent fails or refuses to participate, the attempts to secure the consent of the parent are implemented through multiple attempts using a variety of methods which are documented by the district. Such efforts may include letters, written notices sent by certified mail, electronic mail (e-mail), telephone calls, or, if appropriate, TTY communications to the home, and home visits at such time as the parent is likely to be home. Efforts may include seeking assistance from a community service agency to secure parental participation.
6.
If, subsequent to initial evaluation and initial placement and after following the procedures required by the regulations, the school district is unable to obtain parental consent to a reevaluation or to placement in a special education program subsequent to the initial placement, or the parent revokes consent to such reevaluation or placement, the school district considers with the parent whether such action will result in the denial of a free appropriate public education to the child. If, after consideration, the school district determines that the parent’s failure or refusal to consent will result in a denial of a free appropriate public education to the student, it seeks resolution of the dispute through Special Education Appeals
State Regulations
28.07(1)
Federal Requirements
34 CFR 300.500(b)(1)
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 26
Legal Standard
Parent participation in meetings
1.
The district ensures that one or both parents of a child are members of any
2.
group that makes decisions on the educational placement of their child.
The Administrator of Special Education notifies parent(s) in writing of any
3.
Team meeting early enough to ensure that they have an opportunity to attend.
The district schedules the meeting at a mutually agreed upon time and place; and documents such efforts.
4.
5.
If neither parent can attend, the district uses other methods to ensure parent participation, including individual or conference telephone calls, or video conferencing.
In cases where the district, after reasonable efforts, is unable to obtain the
Marblehead Public Schools Coordinated Program Review Report Page 50 of 133
CRITERION
NUMBER
CRITERION
NUMBER
SE 27
Legal Standard
Content of Team meeting notice to parents
1.
The parent notice of an evaluation required by 603 CMR 28.04(1)(a) meets all of the content requirements set forth in M.G.L. c.71B, §3, and in federal law and seeks the consent of the parent for any evaluation to occur, and provides the parent with the opportunity to express any concerns or provide information on the student’s skills or abilities and to consult regarding the evaluators to be used.
2.
The parent notice of any Team meeting states the purpose, time and location of the meeting as well as who will be in attendance.
State Regulations
28.04(1)(b)
Federal Requirements
34 CFR 300.503-504
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 28
Legal Standard parents’ participation in Team meeting discussions and decisions, the district conducts the Team meeting and documents its attempts to facilitate the parents’ participation.
State Regulations
28.02(22)
Federal Requirements
34 CFR 300.345(d), 300.501
Rating: Implemented District Response Required : No
Legal Standard
Parent provided the IEP or notice of no eligibility together with notification of procedural safeguards and parents' rights
Immediately following the development of the IEP and without undue delay, the district provides the parents with two copies of the proposed IEP or a written explanation of the finding of no eligibility for special education together with the required notice of procedural safeguards and parents’ rights.
State Regulations
28.05(7)
Federal Requirements
34 CFR 300.345(f)
Marblehead Public Schools Coordinated Program Review Report Page 51 of 133
CRITERION
NUMBER
Legal Standard
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 29
Legal Standard
Communications are in English and primary language of home
1.
Communications with parents are in simple and commonly understood words and are in both English and the primary language of the home if such primary language is other than English. Any interpreter used in fulfilling these requirements is fluent in the primary language of the home and familiar with special education procedures, programs and services. If the parents or the student are unable to read in any language or are blind or deaf, communications required by these regulations are made orally in
2.
English with the use of a foreign language interpreter, in Braille, in sign language, via TTY, or in writing, whichever is appropriate, and that all such communications are documented.
If the district provides notices orally or in some other mode of communication that is not written language, the district keeps written documentation (1) that it has provided such notice in an alternate manner,
(2) that the content of the notice and (3) the steps taken to ensure that the parent understands the content of the notice.
State Regulations
28.07(8)
Federal Requirements
34 CFR 300.345(e)
Rating: Not Implemented District Response Required : Yes
Department of Education Findings:
The district is in the process of developing and implementing district-wide policies and procedures to address this criterion.
CRITERION
NUMBER
SE 30
Legal Standard
Elements of notice of parents’ rights
The district’s notice of parental rights contains all required elements included in the most current version of the Massachusetts Parent’s Rights Brochure.
Marblehead Public Schools Coordinated Program Review Report Page 52 of 133
CRITERION
NUMBER
Legal Standard
State Regulations Federal Requirements
M.G.L. c. 71B, Section 3 34 CFR 300.503-504
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 31
Legal Standard
State and district responsibility for educational surrogate parents
1.
When a student is without parental representation and requires an educational surrogate parent to be appointed in accordance with federal law and regulations, upon request of the Department, the district responsible for services to the student assists in identifying a person willing to serve as an educational surrogate parent.
2.
Upon assignment by the Department, such educational surrogate parent has all the rights and responsibilities of a parent in making decisions regarding eligibility and services for special education for the assigned student. The
Department provides notice of appointment to the school district and any state agency with custody of the student.
3.
A person identified by the district and willing to serve as an educational surrogate parent has no conflict of interest and is not in the employ of the school district or any state or local agencies involved with the care of the student .
4.
A person identified by the district, appointed by the Department, and serving as an educational surrogate parent does not receive financial remuneration from the district except that the school district reimburses the person for reasonable expenses related to the exercise of his or her responsibilities as an educational surrogate parent for a student enrolled in the district.
State Regulations
28.07(7)
Federal Requirements
34 CFR 300.515
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 32
Parent advisory council for special education
1.
The school district has established a district-wide parent advisory council on special education.
Legal Standard
Marblehead Public Schools Coordinated Program Review Report Page 53 of 133
CRITERION
NUMBER
Legal Standard
2.
Membership on the council is offered to all parents of children with disabilities and other interested parties.
3.
The parent advisory council duties include but are not limited to: advising the district on matters that pertain to the education and safety of students with disabilities; meeting regularly with school officials to participate in the planning, development, and evaluation of the school district’s special education programs.
4.
The parent advisory council has established by-laws regarding officers and operational procedures.
5.
The parent advisory council receives assistance from the school committee without charge, upon reasonable notice, and subject to the availability of staff and resources.
6.
The school district conducts, in cooperation with the parent advisory council, at least one workshop annually within the district on the rights of students and their parents and guardians under the state and federal special education laws and makes written materials explaining such rights available upon request.
State Regulations
Chapter 71B, Section 3;
Federal Requirements
28.07(4)
Rating: Not Implemented District Response Required : Yes
Department of Education Findings:
The district does not currently have an active special education Parent Advisory Council (PAC).
CRITERION
NUMBER
CIVIL RIGHTS METHODS OF ADMINISTRATION
III. PARENTAL INVOLVEMENT
Legal Standard
MOA 6A Information and opportunities for participation for parents and guardians of homeless students
The homeless education liaison ensures that parents and guardians of homeless students are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in their children’s education.
NCLB: Title X, Part C, Sec. 722(g)(6)(A)(iv)
Rating: Implemented District Response Required : No
Marblehead Public Schools Coordinated Program Review Report Page 54 of 133
CRITERION
NUMBER
MOA 6B
Legal Standard
Public notice of educational rights of homeless children and youth
The homeless education liaison ensures that public notice of the educational rights of homeless children and youth is disseminated in places where they receive services, such as schools, family shelters, and soup kitchens.
NCLB: Title X, Part C, Sec. 722(g)(6)(A)(v)
Rating: Commendable District Response Required: No
Department of Education Findings:
Interviews indicate that the district has made extensive efforts to publicize the rights of homeless children and youth in locations where homeless families may visit. This includes notices and announcements in temples, churches, food pantries, DSS, pre-schools, all public and private schools, the Council on Aging, YMCA, DMH,
DTA, the Board of Health, doctors offices and the local cable stations.
CRITERION
NUMBER
MOA 6C
Legal Standard
Information and assistance with respect to transportation of homeless students
The homeless education liaison ensures that each homeless student’s parent or guardian, as well as any unaccompanied youth, is fully informed of all transportation services, including transportation to and from the school of origin as required in
MOA 5C above, and is assisted in accessing transportation to the school where the student is placed.
NCLB: Title X, Part C, Sec. 722(g)(6)(A)(vii)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
MOA 6D
Legal Standard
Coordination and collaboration by the homeless education liaison
The homeless education liaison coordinates and collaborates with state coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youth.
Marblehead Public Schools Coordinated Program Review Report Page 55 of 133
CRITERION
NUMBER
Legal Standard
NCLB: Title X, Part C, Sec. 722(g)(6)(C)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
Legal Standard
MOA 7 Information to be translated into languages other than English
When students have parents or guardians with limited English language skills, general announcements and notices of extracurricular activities and other opportunities are distributed to them in the primary language of the home. When persons with limited English language skills reside in the community, school and program recruitment and promotional materials are disseminated to them in their primary language(s).
Title VI; EEOA: 20 U.S.C. 1703(f); M.G.L. c. 76, s. 5; 603 CMR 26.02(2)
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
The district is in the process of developing and implementing district-wide policies and procedures to address this criterion.
CRITERION
NUMBER
TITLE 1
III. PARENTAL AND COMMUNITY INVOLVEMENT
Legal Standard
TI 21 School District Requirements:
1. Title I policies, programs, activities, and procedures are assessed for needs, planned, implemented and evaluated with meaningful consultation of parents
2. of participating children.
1118(a)(1)
The district’s written parental involvement policy is developed and annually reevaluated with, agreed upon, and distributed to parents of participating children.
1118(a)(2)
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CRITERION
NUMBER
TITLE 1
III. PARENTAL AND COMMUNITY INVOLVEMENT
Legal Standard
3. The district provides coordination, technical assistance, and other resources to assist schools in planning and implementing effective parental involvement activities to improve student achievement and school performance. 1118(e)(2) NCLB
The district builds schools’ and parents’ capacity for strong parental 4.
5. involvement.
Title I parental involvement services are integrated with other programs’
6. parental involvement strategies at the school and district level.
The district conducts, with involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving student achievement and parental involvement. Evaluation results are used to improve programs and services.
1118(a)(2)(A) – (G)
7. The district has a system for schools to provide parents with “right to know” information: a.
Status of school identified for school improvement b.
Notice of teacher qualifications and right of parent to inquire c.
Notice, if applicable, that students are taught by non- highly qualified teachers for more than four weeks.
1118(d)(3)(B)
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
Interviews with staff and review of documentation indicate that some of the district requirements under this criterion are implemented. However, the parent policy is not developed in consultation with parents, and it requires more specific information about how parents can become involved in the program. In addition, parents are not involved on an annual basis in the review of the parent policy.
(Numbers 1, 2 and 6 under this criterion).
CRITERION
NUMBER
Legal Standard
TI 22
The district and schools provide materials and training to Title I parents to enable them to improve their children’s achievement (e.g., literacy training, using technology to foster parental involvement, frequent meetings with teachers, etc.).
1118(e)(2) NCLB
Rating: Implemented
District Response Required:
No
Marblehead Public Schools Coordinated Program Review Report Page 57 of 133
CRITERION
NUMBER
TI 23
Legal Standard
School Requirements:
1. The school has a written parent involvement policy that is developed jointly with, agreed upon, and distributed to parents of participating children.
2.
1118(b)(1) NCLB
Parents are notified of the school’s Title I parent involvement policy in an understandable format. To the extent practicable, this information is provided in the language of the home.
3. d. b. c.
1118(b)(1) NCLB
The school implements the following parent involvement requirements: a. Convenes an annual informational meeting at a time convenient for parents;
Provides parents with opportunities for regular meetings regarding the education of their children; and offers a flexible number of meetings (e.g., in the early morning or in the evening, etc.);
Involves parents in an organized, ongoing, timely way in the planning, review, and improvement of school parental involvement policy and schoolwide programs;
Provides parents with timely information about Title I programs, descriptions, and an explanation of the Title I curriculum and
4. e. assessment procedures; and
Provides parents with materials and training to improve their children’s achievement.
1118 (c)(1)-(4); 1118 (e)(2) NCLB
Each school develops jointly with parents a School-Parent Compact that outlines shared responsibilities for improving student achievement and achieving the state’s high standards.
1118(d) NCLB
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
Interviews with staff and review of documentation indicate that most of the school requirements under this criterion are implemented. However, there is no annual review of the parent policy by parents and the policy lacks sufficient detail about the parent program. (Number 1 under this criterion).
CRITERION
NUMBER
SDF 1
SAFE AND DRUG FREE SCHOOLS
III. PARENTAL INVOLVEMENT
Legal Standard
The Safe and Drug Free Schools program develops its application through timely
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CRITERION
NUMBER
SAFE AND DRUG FREE SCHOOLS
III. PARENTAL INVOLVEMENT
Legal Standard and meaningful consultation with community agencies, parents, students and representatives from the schools and prevention community.
[Title IV Sec. 4115 (b) (2) (E)]
Rating: Implemented District Response Required: No
Department of Education Findings:
Documentation and interviews indicate that several agencies, organizations, parents and faculty provided meaningful consultation for the development of the grant. Although the advisory council disbanded two years ago, the district engages in regular consultation with several groups in order to determine the prevalence of substance use and violence. This includes but is not limited to: the
Marblehead Counseling Center, the League of Women Voters and local pediatricians .
CRITERION
NUMBER
SDF 2
Legal Standard
The local education agency coordinates such agency’s programs and projects with community-wide efforts to achieve SEA’s goals for drug and violence prevention.
[NCLB Title IV Sec. 4114 (c) (1) (B)]
Rating: Commendable District Response Required : No
Department of Education Findings:
Documentation and interviews indicate that the district conducts consistent ongoing, meaningful consultation with community agencies. The district has formed a partnership with the community agencies and organizations to provide consultation, information, prevention and intervention services to schools and families in Marblehead. The League of Women Voters held a meeting with all agencies and provided information regarding child abuse and domestic violence from their May 2003 survey, as well as sponsoring a presentation to parents and community leaders in March 2004. There is a Community Response Committee (CRC), which provides consultation and involves students, courts, Dept. of Heath and Recreation, the YMCA, faith communities and the Counseling Center. The
CRC provided the outcomes of the needs assessment and recommendations including the need for the community to prioritize efforts to increase parental awareness. In May 2004, a panel of community providers offered a presentation to parents about the impact of drugs and alcohol to 125 parents and students. The district is in regular communication with the counseling agencies who participate in work groups, provide data, assist in the development of an objective analysis, provide evaluative consultation and offer services and consultation for faculty, students and families. Furthermore, both the district and the community have joined forces in supporting the parents’ work in changing community norms.
Marblehead Public Schools Coordinated Program Review Report Page 59 of 133
CRITERION
NUMBER
SDF 2A
Legal Standard
The local education agency coordinates such agency’s programs and projects with other federal, state and local programs for drug-abuse and violence prevention.
[Title IV Sec. 4114 (c) (1) (B)]
Rating: Commendable District Response Required : No
Department of Education Findings:
Documentation and interviews indicate that the district coordinates its programs and projects with other federal, state and local programs for drug abuse and violence prevention. The Marblehead
Counseling Center provides parent support in collaboration with the schools’ family center. It also provided STEP last year for parents of middle school students and this year for parents of preschool children, as well as a 6-week course for parents of teens. The community also supports Bridging
Lives, a partnering for growth mentoring program, in conjunction with the high school. The district continues to build on the efforts to reduce/eliminate teasing and bullying through the OJJDP grant it received 5 years ago. Teachers were trained in Responsive Classroom and receive information from the Oleweus Bullying Prevention program. A student driven task force worked with students and teachers to address the issues of bullying and teasing. This culminated in a student presentation and workshop for teachers and peer mediation in the Middle School. A teen center has been established in the school gym and the community and school host an event every other week. The district participates in the CCI and diversion program through the DA’s office on a quarterly basis. The
DA’s office has provided speakers on violence and substance use prevention along with their Flash
Points curriculum.
CRITERION
NUMBER
SDF 3
There are program activities implemented to promote the involvement of parents.
[Title IV Sec. 4116 (a) (1)]
Legal Standard
Rating: Commendable District Response Required : No
Department of Education Findings:
Documentation and interviews indicate that the school and community collaborate to promote the involvement of parents in prevention efforts for both substance use and violence. This includes activities through the district’s Family Center, the Marblehead Counseling Center, parent councils,
PTO and other community efforts. The Family Center provides a forum for parents every other week and includes information about violence prevention and substance use prevention. The Family Center also sponsored parent workshops that have incorporated a locally developed curriculum. The
Marblehead Counseling Center collaborates with the high school and provides an ongoing parent enrichment workshop series that include the provision of STEP. Parents have received information about the prevalence of violence and substance use among youth in their community through several forums sponsored by the League of Women Voters. Parents at the middle school are involved in the parent council meetings and the monthly site based management team. Parents interviewed expressed an interest for more involvement and are eager to identify ways to involve those parents who are less
Marblehead Public Schools Coordinated Program Review Report Page 60 of 133
CRITERION
NUMBER
Legal Standard apt to become engaged in prevention efforts. Although parents were not aware of the specific goals and objectives for the local safe and drug free schools program, they were familiar with the substance and violence prevention efforts. Providers along with the district are exploring how to work more extensively and effectively with parents on changing norms, reducing risk factors and increasing protective factors.
CRITERION
NUMBER
ELE 7
ENGLISH LEARNER EDUCATION
III. PARENTAL INVOLVEMENT
Legal Standard
Parent Involvement
The district develops a mechanism for including parents or guardians of LEP students in matters pertaining to their children’s education.
Authority: Title VI
Rating: Implemented District Response Required : No
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COMPONENT IV: CURRICULUM AND INSTRUCTION
The criteria in this component examine whether the district holds all students to high expectations and standards and ensures that the program areas reviewed are designed to maximize student performance within regular education and are implemented according to specific regulatory requirements with respect to learning time, class size, staffing ratio, and age spans. The criteria also examine if the district has provided for coordination across the following program areas:
Special Education (Report Issues # SE 33-42)
Civil Rights Methods of Administration (Report Issues MOA 7A-9)
Title I (Report Issues # TI 24-28)
Safe and Drug Free Schools (Report Issue # SDF 4)
English Learner Education (Report Issues #8-10)
Marblehead Public Schools Coordinated Program Review Report Page 62 of 133
CRITERION
NUMBER
SE 33
SPECIAL EDUCATION
IV. CURRICULUM AND INSTRUCTION
Legal Standard
Involvement in the general curriculum
1.
District personnel reflect a full understanding of the connection between the
Massachusetts Curriculum Frameworks and the expectations of the state for student performance as well as the rights of students with disabilities to be full participants in the general curriculum.
2.
The district has either aligned its district curriculum with the Frameworks or has taken steps to provide students (including all students with disabilities) with essential learning opportunities that prepare the students to reach the state graduation standards.
3.
At least one member of all IEP Teams is familiar with the general curriculum and is able to discuss an eligible student’s appropriate access to the general curriculum.
4.
In the IEP the district documents the student’s participation in the general curriculum.
State Regulations
28.05(4)(a) and (b)
Federal Requirements
34 CFR 300.347(a)(1)(i); 300.137
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 34
Legal Standard
Continuum of alternative services and placements
The district provides or arranges for the provision of each of the elements of the IEPs of students in need of special education from the ages of three through twenty-one, ensuring that a continuum of services and alternative placements is available to meet the needs of all students with disabilities, and takes all steps necessary to ensure compliance with all elements of the IEPs, including vocational education.
State Regulations Federal Requirements
34 CFR 300.551;300.305; 300.123
Rating: Implemented District Response Required : No
CRITERION
NUMBER
Marblehead Public Schools Coordinated Program Review Report Page 63 of 133
SE 35
Legal Standard
Specialized materials and assistive technology
1. Specialized materials and equipment specified in IEPs are provided, are of
2. good quality and are suitable for the role they play in the IEP.
The school district provides evidence that assistive technology is considered for each eligible student and, if necessary, described in the IEP and provided by the district.
State Regulations Federal Requirements
34 CFR 300.308, 34 CFR 300.346
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 36
Legal Standard
IEP implementation, accountability and financial responsibility
1.
The district ensures that IEPs are implemented without delay upon parent
2.
consent.
The district oversees in an ongoing manner the full implementation of each in-district and each out-of-district IEP it proposes which has been consented to by a child’s parents.
3.
4.
5.
The district makes a good faith effort to assist the child to achieve the goals and objectives or benchmarks listed in the IEP.
The district provides all programs and services without expense to the child’s parents.
Each time the school district proposes to access the parent’s private insurance to support the costs of IEP implementation, the school district obtains the parent’s consent and informs the parents that their refusal to permit the school district to access their private insurance does not relieve the district of its responsibility to ensure that all required services are provided at no cost to the parents.
State Regulations
28.06(3)
Federal Requirements
34 CFR 300.142; 300.350
Rating: Implemented District Response Required : No
CRITERION
NUMBER
Legal Standard
Marblehead Public Schools Coordinated Program Review Report Page 64 of 133
CRITERION
NUMBER
SE 37
Legal Standard
Procedures for approved and unapproved out-of-district placements
1.
Individual student program oversight: The school district monitors the provision of services to and the programs of individual students placed in public and private out-of-district programs. Documentation of monitoring plans and all actual monitoring are placed in the files of every eligible student who has been placed out-of-district. To the extent that this monitoring requires site visits, such site visits are documented and placed in the students’ files for review. The duty to monitor out-of-district placements is not delegated to parents or their agents, to the Department of Education, or to the out-of-district placement.
2.
Student right to full procedural protections: The school district retains full responsibility for ensuring that the student is receiving all special education and related services in the student's IEP, as well as all procedural protections of law and regulation. Any Team meetings conducted during the time that a student is enrolled in the out-of-district program are initiated by the school district in coordination with the out-of-district placement.
3.
Preference to approved programs: The school district, in all circumstances, first seeks to place a student in a program approved by the Department pursuant to the requirements of 603 CMR 28.09. Preference is also given to approved programs located within the Commonwealth of Massachusetts if the choice of such program is consistent with the needs of the student and the choice of such program complies with LRE requirements. When an approved program is available to provide the services on the IEP, the district makes such placement in the approved program in preference to any program not approved by the
Department.
4.
Written contracts: The school district enters into written contracts with all public and private out-of-district placements. At a minimum, such contracts meet the content requirements of 28.06(3)(f)(1-5).
5.
Use of unapproved programs: A school district that places a student in a program that has not been approved by the Department according to the requirements under 603 CMR 28.09 ensures that such programs and services are provided in appropriate settings by appropriately credentialed staff able to deliver the services on the student’s IEP. Students placed by the school district in such programs are entitled to the full protections of state and federal special education law and regulation.
6.
Placement documentation: The following documentation is maintained by the school district pursuant to its placement of children in unapproved out-of-district programs: a.
Search: The Administrator of Special Education documents the search for and unavailability of a program approved by the Department. The
Administrator places such documentation in the student record. b.
Evaluation of facility: The Administrator of Special Education or his/her designee thoroughly evaluates the appropriateness of any unapproved facility prior to placement of the student in such program.
Such evaluation determines whether the unapproved facility can appropriately implement the student’s IEP in a safe and educationally appropriate environment. Such evaluation additionally determines whether the unapproved facility can and will provide the student with all
Marblehead Public Schools Coordinated Program Review Report Page 65 of 133
CRITERION
NUMBER
Legal Standard c.
d.
the rights that are accorded to the student under state and federal special education law. Such evaluation is documented in detail and placed in the student record for review. To the extent that this evaluation requires a site visit, such site visits are documented and placed in the student record for review. The duty to evaluate the appropriateness of any unapproved facility is not delegated to the parents or their agents or the proposed unapproved facility.
School district approval to operate a private school in Massachusetts: If services in an unapproved program are provided in a school setting, the
Administrator of Special Education ensures that such school has received approval from the local school committee under M.G.L. c.76,
§1 and a copy of such approval is retained in the student record.
Pricing: Pursuant to the requirements for Compliance, Reporting and
Auditing for Human and Social Services at 808 CMR 1.00, the
Administrator obtains pricing forms required to set program prices for programs receiving publicly funded students. Such pricing forms are completed by the proposed placement and document that the price proposed for the student’s tuition is the lowest price charged for similar e.
f.
services to any student in that program.
Notification of the Department of Education: Prior to placement, if the
Team determines that placement in such facility is appropriate, the
Administrator notifies the Department of the intent to place the student and the name and location of the proposed placement. In addition, the
Administrator forwards the notice of proposed placement and completed pricing forms to the Department along with the information on the proposed terms of the contract that will govern such placement and documentation of a monitoring plan pursuant to 603 CMR 28.06(3)(b).
The district maintains any documentation of the Department’s objections to such placement and the steps the district has taken in regard to such objection. The district maintains documentation of the approved price for publicly funded students as set by the state agency responsible for setting program prices.
Out of state programs: If out-of-district programs are provided in a placement outside of Massachusetts, and such school has not received approval by the Department under 603 CMR 28.09, the Administrator of Special Education ensures that such school has received approval from the host state.
State Regulations
28.02(14), 28.06(3)
Federal Requirements
34 CFR 300.2(c)
Rating: Implemented District Response Required : No
CRITERION
NUMBER
Marblehead Public Schools Coordinated Program Review Report Page 66 of 133
Legal Standard
SE 38
Educational services in institutional settings (ESIS)
Department of Education responsibility: In cases where the Department provides certain special education services to eligible students in certain facilities operated by or under contract with the Department of Mental Health, the Department of Youth
Services, County Houses of Corrections, or the Department of Public Health, the
Department retains the discretion to determine, based upon resources, the type and amount of special education and related services that it provides in such facilities.
School district responsibility:
1.
The district implements its responsibilities to students in institutional settings by acting on requests for evaluation, issuing proposed IEPs in a timely manner, and providing special education and/or related services in accordance with state and federal law.
2.
Where a student's IEP requires a type or amount of service that the facility does not provide, it remains the responsibility of the parent’s school district to implement the student's IEP by arranging and paying for the provision of such service(s).
3.
The parent’s school district coordinates with the state agency to ensure that the student receives an evaluation, an annual review, and special education services as identified at a Team meeting convened by the parent’s school district.
State Regulations Federal Requirements
28.06(9)
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 39
Legal Standard
Procedures used to provide services to eligible students enrolled in private schools at private expense
1.
On or before December 1, the district determines the number of eligible private school students in consultation with private school representatives.
2.
To the extent that the school district provides and pays for special education services for eligible students enrolled in private schools at private expense, the following requirements and procedures are implemented: a.
The district provides special education and/or related services designed to meet the needs of e l l i i g i i b l l e private expense and whose parents reside in the jurisdiction of the school district. The school district provides to such children genuine opportunities to participate in the public school special education program consistent with state constitutional limitations. b.
The district provides or arranges for the provision of evaluation services and an IEP for any eligible private school child whose parent resides in the jurisdiction of the school district. The evaluation may take place in the public school, the private school, or an appropriate contracted
Marblehead Public Schools Coordinated Program Review Report Page 67 of 133
CRITERION
NUMBER
Legal Standard facility, and the school district ensures that a representative of the child’s private school is invited to participate as a member of the Team pursuant to §28.05. c.
The district provides or arranges for the provision of the special education and/or related services described by the child’s IEP and the district ensures that special education services funded with state or local funds are provided in a public school facility or other public or neutral site. When services are provided using only federal funds, services are provided on public or private school grounds. d.
The district does not withdraw or withhold services from a child solely because the school district has met the spending requirements of federal law.
3.
Special education services and/or related services provided by the district to a private school child are comparable in quality, scope, and opportunity for participation to that provided to public school children with needs of equal importance.
4.
The district ensures that programs in which both public and private school children participate do not include classes that are separated on the basis of school enrollment or the religious affiliation of the children.
5.
An expedited special education evaluation, which is limited to a child’s physician statement unless there is a clear indication of the need or unless the parents request additional evaluation, is conducted and service provided to eligible students by the district within 15 calendar days of the school district’s receipt of the child’s physician statement.
State Regulations Federal Requirements
28.03(1)(e); Chapter 71B, section 2 34 CFR 300.450-300.462
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 40
Legal Standard
Instructional grouping requirements for students aged five and older
1.
The size and composition of instructional groupings for eligible students receiving services outside the general education classroom are compatible with the methods and goals stated in each student's IEP.
2.
Instructional grouping size requirements are maximum sizes and the school district exercises judgment in determining appropriate group size and supports for smaller instructional groups serving students with complex special needs.
3.
When eligible students are assigned to instructional groupings outside of the general education classroom for 60% or less of the students’ school
Marblehead Public Schools Coordinated Program Review Report Page 68 of 133
CRITERION
NUMBER
Legal Standard schedule, group size does not exceed eight (8) students with a certified special educator, twelve (12) students if the certified special educator is assisted by one aide, and sixteen (16) students if the certified special educator is assisted by two aides.
4.
For eligible students served in settings that are substantially separate, serving solely students with disabilities for more than 60% of the students’ school schedule, the district provides instructional groupings that do not exceed eight (8) students to one certified special educator or twelve (12) students to a certified special educator and an aide.
5.
After the school year has begun, if instructional groups have reached maximum size as delineated in paragraphs 3 and 4 of this criterion, the
Administrator of Special Education and the certified special educator(s) providing services in an instructional group may decide to increase the size of an instructional grouping by no more than two additional students if the additional students have compatible instructional needs and then can receive services in their neighborhood school.
6.
In such cases, the Administrator provides written notification to the
Department and the parents of all group members of the decision to increase the instructional group size and the reasons for such decision. Such increased instructional group sizes are in effect only for the year in which they are initiated.
7.
The district takes all steps necessary to reduce the instructional groups to the sizes outlined in paragraph 3 or 4 of this criterion for subsequent years.
Such steps are documented by the district.
State Regulations Federal Requirements
28.06(6)
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 41
Legal Standard
Age span requirements
The ages of the youngest and oldest child in any instructional grouping do not differ by more than forty-eight months. A written request for approval of a wider age range is submitted to the Commissioner of Education in cases where the district believes it is justified. Such requests are implemented only after approval of the
Department of Education.
State Regulations
28.06(6)(f)
Federal Requirements
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CRITERION
NUMBER
Legal Standard
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 42
Legal Standard
Programs for young children three and four years of age
General requirements:
1.
The school district ensures programs are available for eligible children three
2.
and four years of age. Such programs shall be developmentally appropriate and specially designed for children ages three and four years.
Where at all possible the school district accepts referrals from the
Department of Public Health, other agencies, and individuals for young
3.
children when or before the child turns two-and-one-half years old in order to ensure continuity of services and to ensure the development and implementation of an IEP for eligible children by the date of the child's third birthday in accordance with federal requirements.
Where appropriate, the school district elects, consistent with federal requirements to use the format and services of the Individualized Family
Service Plan (IFSP), if appropriate, for an additional year as a means of transitioning eligible children to public school services.
4.
Where appropriate the Team allows a child to remain in a program designed for three and four year old children for the duration of the school year in which the child turns five years old (including the summer following the date of the child's fifth birthday).
Types of Settings:
5.
Inclusionary programs for young children are located in a setting that includes children with and without disabilities and meet the following
6.
standards: a.
Services in such programs are provided in the home, the public b. school, Head Start, or a licensed childcare setting.
For public school programs that integrate children with and without disabilities, the class size does not exceed twenty (20) with one teacher and one aide and no more than five (5) students with disabilities. If the number of students with disabilities is six (6) or seven (7) then the class size does not exceed fifteen (15) students with one teacher and one aide.
Substantially separate programs for young children are located in a public school classroom or facility that serves primarily or solely children with disabilities. Substantially separate programs adhere to the following standards: a.
Substantially separate programs are programs in which more than
50% of the children have disabilities. b.
Substantially separate programs operated by the district limit class sizes to nine (9) students with one teacher and one aide.
Marblehead Public Schools Coordinated Program Review Report Page 70 of 133
CRITERION
NUMBER
Legal Standard
CRITERION
NUMBER
MOA 7B
State Regulations
28.06(7)
Rating: Implemented
Structured Learning Time
Federal Requirements
34 CFR 300.342(c)
District Response Required : No
CRITERION
NUMBER
MOA 7A
CIVIL RIGHTS METHODS OF ADMINISTRATION
IV. CURRICULUM AND INSTRUCTION
Legal Standard
School Year Schedules
1.
Before the beginning of each school year, the school district sets a school year schedule for each school. The school year includes at least 185 school days for students in grades 1-12 at each elementary, middle, and secondary school in the district, and these schools are in operation for at least 180 days a year for these students.
2.
The school district ensures that unless his or her IEP or Section 504
Accommodation Plan provides otherwise, each elementary school student is scheduled for at least 900 hours of structured learning time a year and each secondary school student is scheduled for at least 990 hours of structured learning time a year, within the required school year schedule. Where the school district operates separate middle schools, it designates each one as either elementary or secondary.
3.
Where the school district sets a separate school year and school day schedule for kindergarten programs, it provides at least 425 hours of structured learning time a year. If the district schedules two sessions of kindergarten a day, it ensures equal instructional time for all kindergarten students.
M.G.L. c. 69, s. 1G; 603 CMR 27.03, 27.04
Rating: Implemented District Response Required : No
Legal Standard
Marblehead Public Schools Coordinated Program Review Report Page 71 of 133
CRITERION
NUMBER
Legal Standard
The school district ensures that its structured learning time is time during which students are engaged in regularly scheduled instruction, learning, or assessments within the curriculum of core subjects and other subjects as defined in 603 CMR
27.02. The district’s structured learning time may include directed study (activities directly related to a program of studies, with a teacher available to assist students), independent study (a rigorous, individually designed program under the direction of a teacher, assigned a grade and credit), technology-assisted learning, presentations by persons other than teachers, school-to-work programs, and statewide student performance assessments.
The district ensures that its structured learning time does not include time at breakfast or lunch, passing between classes, in homeroom, at recess, in non-directed study periods (study halls), participating in optional school programs, or receiving school services such as health screening, speech, or physical and occupational therapy, except where those services are prescribed by a student’s IEP or Section 504
Accommodation Plan.
The hours spent in any type of structured learning time are verified by the school district. Where the school district counts independent study or a school-to-work program as structured learning time, it has guidelines that explain clearly how hours spent by students are verified.
M.G.L. c. 69, s. 1G; 603 CMR 27.02, 27.04
Rating: Implemented District Response Required: No
CRITERION
NUMBER
MOA 7C
Legal Standard
Early Release of High School Seniors
When the school district schedules the early release at the end of the year of the senior class of a high school, it does so in accordance with a written policy that conforms with Board of Education requirements under 603 CMR 27.05, ensuring that neither the conclusion of the seniors’ school year nor graduation is more than 12 school days before the regular scheduled closing date of that school.
M.G.L. c. 69, s. 1G; 603 CMR 27.05
Rating: Implemented District Response Required: No
Marblehead Public Schools Coordinated Program Review Report Page 72 of 133
CRITERION
NUMBER
Legal Standard
MOA 8 Accessibility of extracurricular activities
Extracurricular activities sponsored by the district are nondiscriminatory in that: the school provides equal opportunity for all students to participate in intramural and interscholastic sports; extracurricular activities or clubs sponsored by the school do not exclude students on the basis of race, sex, color, religion, national origin, sexual orientation, disability, or homelessness.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(a), (b); Title IX: 20 U.S.C. 1681; 34 CFR
106.31, 106.41; Section 504: 29 U.S.C. 794; 34 CFR 104.4,104.37(a), (c); Title II:
42 U.S.C. 12132; 28 CFR 35.130; NCLB: Title X, Part C, Sec. 721; Mass. Const. amend. art 114; M.G.L. c. 76, s. 5; 603 CMR 26.06
Rating: Implemented District Response Required: No
CRITERION
NUMBER
MOA 9
Legal Standard
Hiring and employment practices of prospective employers of students
1.
The district requires employers recruiting at the school to sign a statement that the employer complies with applicable federal and state laws prohibiting discrimination in hiring or employment practices.
2.
Prospective employers to whom this criterion applies include those participating in career days and work-study and apprenticeship training programs, as well as those offering cooperative work experience.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(b)(1),(2); Title IX: 20 U.S.C. 1681; 34
CFR 106.38; Section 504: 29 U.S.C. 794; 34 CFR 104.4(b)(1)(v), 104.37(a); Title II:
42 U.S.C. 12132; 28 CFR 35.130(b)(1)(v); M.G.L. c. 76, s. 5; 603 CMR 26.07(5)
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
There was no documentation provided to indicate that the district is in compliance with section 1 of this criteria.
CRITERION
NUMBER
TITLE 1
IV. CURRICULUM AND INSTRUCTION
Marblehead Public Schools Coordinated Program Review Report Page 73 of 133
TI 24 - TAS
Legal Standard
The district implements effective instructional strategies that are based on scientifically-based research that: a. give primary consideration to extended learning time; b. help provide an accelerated, high quality curriculum; and
c. minimize the removal of students from the classroom during regular hours.
1115(c)(1)(C) NCLB
Rating: Implemented District Response Required : No
CRITERION
NUMBER
TI 25 –
TAS/SWP
Legal Standard
The school district provides opportunities for students receiving Title I services to participate in extended day/week/year programs and activities that the district offers.
1114(b)(1)(B)(ii)(II); 1115(c)(1)(C)(i) NCLB
Rating: Implemented District Response Required : No
CRITERION
NUMBER
TI 26 - SWP
Legal Standard
For each school a comprehensive Schoolwide Program (SWP) plan has been developed with the involvement of the community, those served by the program, and the individuals who will implement the plan, including:
1.
a year of planning,
2.
teachers, principals, and other staff, and where appropriate,
3.
pupil services personnel,
4.
parents,
5.
secondary school students, if applicable,
6.
revision, as necessary, by the school, and
7.
availability of the plan to parents and the public in a language that parents can understand.
1114(b)(2)(B)(ii-iv) NCLB
Rating: Not Applicable District Response Required : No
Department of Education Findings:
The district only has targeted assistance programs.
Marblehead Public Schools Coordinated Program Review Report Page 74 of 133
CRITERION
NUMBER
TI 27 - SWP
Legal Standard
The SWP plan includes a comprehensive needs assessment of the entire school that is based upon information on the performance of students in relation to the state academic content standards.
1114(b)(1)(A) NCLB
Rating: Not Applicable District Response Required : No
Department of Education Findings:
The district only has targeted assistance programs .
CRITERION
NUMBER
Legal Standard
TI 28- SWP In providing technical assistance and support to schoolwide programs, the district ensures that the programs and plans contain all ten required schoolwide components, and are designed to ensure that each school will make Adequate Yearly Progress
(AYP).
1112(c)(1)(C); 1114(b)(1) and (2) NCLB
Rating: Not Applicable District Response Required : No
Department of Education Findings:
The district only has targeted assistance programs.
CRITERION
NUMBER
SDF 4
SAFE AND DRUG FREE SCHOOLS
IV. CURRICULUM AND INSTRUCTION
Legal Standard
Local SDFSCA activities (where applicable) are integrated with the following federal programs under No Child Left Behind (NCLB):
Title I (helping disadvantaged children meet high standards);
Title II (professional development);
Marblehead Public Schools Coordinated Program Review Report Page 75 of 133
CRITERION
NUMBER
SAFE AND DRUG FREE SCHOOLS
IV. CURRICULUM AND INSTRUCTION
Legal Standard
Title IV B 21 st Century Learning Center programs
Title V (innovative education program strategies);
[Title IV Sec. 4114 (d) (2) (A)]
Rating: Implemented District Response Required : No
Department of Education Findings:
The district has integrated local substance and violence prevention efforts with other titles and programs. Professional development has been offered, including training for Life Skills, Responsive
Classroom, The Educators’ Series 2004-2005 (which incorporates community involvement), literacy, arts and achievement and issues of school safety and climate, including security and hazing.
Professional development has been offered in the past on identification and referral. Procedures for policy implementation are reviewed with staff through in service training at the beginning of the year.
All special education and LEP students receive the same prevention education as other students .
CRITERION
NUMBER
ELE 8
ENGLISH LEARNER EDUCATION
IV. CURRICULUM AND INSTRUCTION
Legal Standard
Declining Entry to a Program
The district provides English language support to students whose parents have declined entry to a sheltered English immersion, two-way bilingual, or other
ELE program. (See Implementation Guidance below.)
Authority: Title VI
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
The district currently does not have any ELE programs from which to opt out.
CRITERION
NUMBER
ELE 9
Legal Standard
Instructional Grouping
Marblehead Public Schools Coordinated Program Review Report Page 76 of 133
CRITERION
NUMBER
Legal Standard
1.
The district only groups students of different ages together in instructional settings if their levels of English proficiency are similar.
2.
The district’s grouping of students ensures that LEP students receive effective content instruction at appropriate academic levels that is based on the Massachusetts curriculum frameworks.
Authority: G.L. c. 71A, § 4; Title VI
Rating: Implemented District Response Required: No
CRITERION
NUMBER
ELE 10
Legal Standard
Parental Notification
1. Upon placement in the ELE program, a notice is mailed to the parents or guardians written in the primary/home language, as well as in English, that informs parents of:
(a) the reasons for identification of the student as Limited English
Proficient (LEP);
(b) the child’s level of English proficiency;
(c) program placement and/or the method of instruction used in the program;
(d) how the program will meet the educational strengths and needs of the student;
(e) how the program will specifically help the child learn English;
(f) the specific exit requirements; and
(g) the parents’ right to apply for a waiver (see ELE 4), or to decline to enroll their child in the program (see ELE 9).
(All districts need to comply with a-c and g. Title III districts must comply with a-g. Title III districts must send parental notification no later than 30 days after the beginning of the school year.)
2. The district will provide to parents and guardians of LEP students, report cards, and progress reports in the same manner and with the same frequency as general education reporting. The reports shall, to the maximum extent possible, be written in a language understandable to the parent/guardian.
Authority: NCLB, Title III; c. 71A, §7; 603 CMR 14.02
Rating: Partially Implemented District Response Required: Yes
Marblehead Public Schools Coordinated Program Review Report Page 77 of 133
CRITERION
NUMBER
Legal Standard
Department of Education Findings:
The district has sent out home language surveys to all parents and is in the process of reviewing this information to determine if all students have been identified who may qualify for English Language
Education services. Upon completion of this identification and assessment process parents will be notified, in their native language as necessary, regarding the options available for their children (#1 above). Students who have been identified as Limited English Proficient (LEP) will be provided with services and progress reports as required by criterion #2 above.
Marblehead Public Schools Coordinated Program Review Report Page 78 of 133
COMPONENT V: STUDENT SUPPORT SERVICES
The criteria in this component examine whether the district has ensured that all students have equal opportunity and access to programs or services in the program areas listed below:
Special Education (Report Issues # SE 43-49A)
Civil Rights Methods of Administration (Report Issues MOA 10A –17A)
Title I (Report Issues # TI 29A-29B)
English Learner Education (Report Issues # ELE 11-13)
Marblehead Public Schools Coordinated Program Review Report Page 79 of 133
CRITERION
NUMBER
SE 43
SPECIAL EDUCATION
V. STUDENT SUPPORT SERVICES
Legal Standard
Behavioral interventions
For a student whose behavior impedes their learning or the learning of others, the
Team considers the student’s behavior including positive behavioral interventions, ability to follow school discipline codes, any needed code modifications and the possible need for a functional behavioral assessment.
State Regulations Federal Requirements
300.346
Rating: Implemented District Response Required: No
CRITERION
NUMBER
SE 44
Legal Standard
Procedure for recording suspensions
The district has a procedure to record the number and duration of suspensions, including any suspensions from any part of the student’s IEP program (including transportation).
State Regulations Federal Requirements
34 CFR 300.121(d)(2)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
SE 45
Legal Standard
Procedures for suspension up to 10 days and after 10 days: General requirements
1.
All students, including eligible students with disabilities, receive prior written notice regarding the school’s Code of Conduct.
2.
The school’s Code of Conduct includes required procedural safeguards such as opportunity for a hearing (per Goss v. Lopez).
3.
Any eligible student may be suspended up to 10 days in any school year without implementation of procedures described in criterion SE 46 below.
4.
After a student with special needs has been suspended for 10 days in any school year, during any subsequent removal the public school provides sufficient services for the student to continue to receive a free and appropriate public
Marblehead Public Schools Coordinated Program Review Report Page 80 of 133
CRITERION
NUMBER
Legal Standard education.
5.
The school provides additional procedural safeguards for students with disabilities prior to any suspension beyond 10 consecutive days or more than 10 cumulative days (if there is a pattern of suspension) in any school year.
State Requirements
M.G.L. Ch. 76, Sections 16-18 and Ch. 71, Section 37 H
Federal Requirements
34 CFR 300.519-300.529
Rating: Implemented District Response Required: No
CRITERION
NUMBER
SE 46
Legal Standard
Procedures for suspension of students with disabilities when suspensions exceed
10 consecutive school days or a pattern has developed for suspensions exceeding
10 cumulative days; responsibilities of the Team; responsibilities of the district
1.
A suspension of longer than 10 consecutive days or a series of suspensions that are shorter than 10 consecutive days but constitute a pattern are considered to represent a change in placement.
2.
Prior to a suspension that constitutes a change in placement of a student with disabilities, the Team convenes a.
to develop or review a functional behavioral assessment of the student’s behavior to modify a behavior intervention plan or develop b.
c.
an assessment plan; to identify appropriate alternative educational setting(s); and to determine the relationship between the disability and the behavior
- “a manifestation decision” (Is IEP appropriate? Is placement appropriate? If there was a behavior plan, was it implemented? Does student understand impact and consequences of his/her behavior?
Can student control behavior?).
3.
If the Team determines that the behavior is NOT a manifestation of the disability, then the district may suspend or expel the student consistent with policies applied to any student without disabilities, except that the district must still offer an appropriate education program to the student with disabilities that may be in some other setting.
4.
Regardless of the manifestation determination, the district may place the student in an interim alternative educational setting (as determined by the Team) for up to 45 days a.
b.
if the behavior involves weapons or illegal drugs or another controlled substance while at school or a school function; or if the district provides evidence that the student is “substantially likely” to injure him/herself or others and a hearing officer orders
Marblehead Public Schools Coordinated Program Review Report Page 81 of 133
CRITERION
NUMBER
Legal Standard c.
the alternative placement; and the interim alternative education setting enables the student to continue in the general curriculum, to continue receiving services identified on the IEP, and provides services to address the problem behavior.
5.
If the Team determines that the behavior IS a manifestation of the disability, then the district takes steps (with the consent of the parent) to correct the IEP, the placement, or the behavior intervention plan.
6.
The school district provides written notice to the parent of all rights to appeal and to an expedited hearing. If the parent chooses to appeal, during the appeal the student stays put in the placement on the last accepted IEP or the interim alternative placement, unless the parent and the school district agree otherwise.
State Regulations Federal Requirements
34 CFR 300.519-300.528
Rating: Implemented District Response Required: No
CRITERION
NUMBER
SE 47
Legal Standard
Procedural requirements applied to students not yet determined to be eligible for special education
1.
If, prior to the disciplinary action, a district had knowledge that the student may be a student with a disability, then the district makes all protections available to the student until and unless the student is subsequently determined not to be eligible. The district may be considered to have prior knowledge if: a.
The parent had expressed concern in writing; or b.
c.
The parent had requested an evaluation; or
School district staff had expressed concern that the student had a disability.
2.
If the district had no reason to consider the student disabled, and the parent requests an evaluation subsequent to the disciplinary action, the district must have procedures to conduct an expedited evaluation to determine eligibility. If the student is found eligible, then he/she receives all procedural protections subsequent to the finding of eligibility.
3.
The school district has developed procedures consistent with federal requirements to expedite evaluations.
State Regulations Federal Requirements
20 U.S.C. Chapter 33, Section 1415(k);
34 CFR 300.527
Marblehead Public Schools Coordinated Program Review Report Page 82 of 133
CRITERION
NUMBER
Legal Standard
Rating: Implemented District Response Required: No
CRITERION
NUMBER
SE 48
Legal Standard
FAPE (Free, appropriate, public education): Equal opportunity to participate in educational, nonacademic, extracurricular and ancillary programs, as well as participation in regular education
All students receiving special education, regardless of placement, shall have an equal opportunity to participate in and, if appropriate, receive credit for the vocational, supportive, or remedial services that may be available as part of the general education program as well as the non-academic and extracurricular programs of the school.
Programs, services and activities include, but are not limited to:
1.
art and music
2.
vocational education, industrial arts, and consumer and homemaking education
3.
work study and employment opportunities
4.
counseling services available at all levels in the district
5.
health services
6.
transportation
7.
recess and physical education, including adapted physical education
8.
athletics and recreational activities
9.
school-sponsored groups or clubs
10.
meals
State Regulations Federal Requirements
28.06(5) 34 CFR 300.121; 300.300-313
Rating: Implemented District Response Required: No
CRITERION
NUMBER
SE 49
Legal Standard
Related services
For each student with special education needs found to require related services, the school district provides or arranges for the provision of transportation and such developmental, corrective, and other supportive services as are required to assist a student to benefit from special education or to access the general curriculum, and
Marblehead Public Schools Coordinated Program Review Report Page 83 of 133
CRITERION
NUMBER
Legal Standard includes:
1.
speech-language pathology and audiology services
2.
psychological services
3.
physical therapy
4.
occupational therapy
5.
recreation, including therapeutic recreation
6.
early identification and assessment of disabilities in children
7.
counseling services, including rehabilitation counseling
8.
orientation and mobility services (peripatology)
9.
medical services for diagnostic or evaluation purposes
10.
school health services
11.
social work services in schools, and
12.
parent counseling and training.
State Regulations
28.02(19)
Federal Requirements
34 CFR 300.24
Rating: Implemented District Response Required: No
CRITERION
NUMBER
SE 49A
Legal Standard
Special Transportation
If the IEP specifies that the student’s disability requires transportation or specialized transportation arrangements in order to benefit from special education, the district implements these provisions of the student’s IEP.
1.
The Team determines necessary modifications, special equipment, assistance, need for qualified attendants on vehicles, and any particular precautions required by the student and documents such determinations in the student's IEP. If specialized arrangements can be provided on regular transportation vehicles, the school district makes such arrangements.
2.
The district arranges to have eligible students who use wheelchairs transported in vehicles that do not require such children to be removed from their wheelchairs in order to enter or leave the vehicles; provided, however, that this requirement is not applicable where a Team or the student’s physician recommends that the student regularly transfer in and out of conventional vehicles to or from a wheelchair for therapeutic or for independence training reasons.
3.
The Team specifies whether the student requires assistance in or out of the home, on or off of the vehicle, and in or out of the school. If such assistance is specified, the district ensures that it is provided.
4.
The Team specifies if the student has a particular need or problem that may cause difficulties during transportation, such as seizures, a tendency for motion sickness, behavioral concerns, or communication disabilities.
Marblehead Public Schools Coordinated Program Review Report Page 84 of 133
CRITERION
NUMBER
Legal Standard
5.
The school district does not allow transportation considerations to influence, modify, or determine the educational program, including the length of the school day, required by any student.
State Regulations
28.05(5)(b)
Federal Requirements
34 CFR 300.24(b)(15)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
MOA 10A
CIVIL RIGHTS METHODS OF ADMINISTRATION
V. STUDENT SUPPORT SERVICES
Legal Standard
Handbooks and codes of conduct
1.
The district has a code of conduct for students and one for teachers. The principal of every school containing grades 9-12 prepares, in consultation with the school council, a student handbook containing the student code of conduct and distributes it to each student annually, as well as to parents and school personnel; the school council reviews and revises the student code of conduct every year. The principal of every school containing other grades distributes the district’s student code of conduct to students, parents, and personnel annually. At the request of a parent or student whose primary language is not English, a handbook or student code of conduct is translated into that language.
2.
Student codes of conduct contain: a) procedures assuring due process in disciplinary proceedings and b) appropriate procedures for the discipline of students with special needs and students with Section 504 Accommodation Plans.
3.
Handbooks and codes of conduct reference M.G.L. c. 76, s. 5 and contain: a) a nondiscrimination policy that is consistent with M.G.L. c. 76, s. 5, and affirms the school’s non-tolerance for harassment or discrimination, including that based on race, color, national origin, sex, religion, or sexual orientation; b) the school’s procedure for accepting, investigating and resolving complaints alleging discrimination or harassment; and c) the disciplinary measures that the school may impose if it that harassment or discrimination has occurred.
Section 504; M.G.L. c. 71, s. 37H; 603 CMR 26.08 determines
Rating: Implemented District Response Required: No
Marblehead Public Schools Coordinated Program Review Report Page 85 of 133
CRITERION
NUMBER
MOA 11A
Legal Standard
Designation of liaison/coordinator(s); grievance procedures
The district has designated one or more staff persons to serve as liaison for homeless students, carrying out the duties described in NCLB: Title X, Part C, Sec. 722(g)(6), and to serve as coordinator for compliance with its responsibilities under Title IX,
Section 504, and (if it employs 50 or more persons) Title II.
The district has adopted and published grievance procedures for students and for employees providing for prompt and equitable resolution of complaints alleging discrimination based on sex or disability.
Title IX: 20 U.S.C. 1681; 34 CFR 106.8; Section 504: 29 U.S.C. 794; 34 CFR 104.7;
Title II: 42 U.S.C. 12132; 28 CFR 35.107; NCLB: Title X, Part C, Sec.
722(g)(1)(J)(ii)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
MOA 12A
Legal Standard
Annual and continuous notification concerning nondiscrimination and coordinators
1.
If the district offers vocational education programs, it advises students, parents, employees and the general public before the beginning of each school year that all vocational opportunities will be offered regardless of race, color, national origin, sex or disability. The notice includes a brief summary of program offerings and admission criteria and the name(s), office address(es), and phone number(s) of the person(s) designated under MOA 11A to coordinate compliance under Title IX and Section 504.
2.
In all cases, the district takes continuing steps to notify applicants, students, parents, and employees (including those with impaired vision or hearing), as well as unions or professional organizations holding collective bargaining or professional agreements with the district, that it does not discriminate on the basis of race, color, national origin, sex, or disability. This notice, also, includes the name(s), office address(es), and phone number(s) of the person(s) designated under MOA 11A to coordinate compliance under Title IX and Section 504.
3.
Written materials and other media used to publicize a school include a notice that the school does not discriminate on the basis of race, color, national origin, sex, disability, religion, or sexual orientation.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.6(d); Title IX: 20 U.S.C. 1681; 34 CFR
106.8(a), 106.9; Section 504: 29 U.S.C. 794; 34 CFR 104.8; M.G.L. c. 76, s. 5; 603
CMR 26.02(2)
Marblehead Public Schools Coordinated Program Review Report Page 86 of 133
CRITERION
NUMBER
Legal Standard
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
Written materials publicizing the schools do not always include notices of non-discrimination or the names of the Title lX and section 504 coordinators.
CRITERION
NUMBER
Legal Standard
MOA 13 Availability of information and counseling on general curricular and occupational/vocational opportunities
Students from linguistic, racial, and ethnic minorities; males; females; homeless students; and students with disabilities all receive, in grades 7-12, the same information and counseling as other students on the full range of general curricular and any occupational/vocational opportunities available to them.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(a), (b); Title IX: 20 U.S.C. 1681; 34 CFR
106.31, 106.36; Section 504: 29 U.S.C. 794; 34 CFR 104.4, 104.37(b); Title II: 42
U.S.C. 12132; 28 CFR 35.130; NCLB: Title III, Part A, Sec. 3121(c)(1)(C); Title X,
Part C, Sec. 721; Mass. Const. amend. art. 114; M.G.L. c. 71A, s. 7; c. 76, s. 5; 603
CMR 26.03
Rating: Implemented District Response Required: No
CRITERION
NUMBER
MOA 14
Legal Standard
Counseling and counseling materials free from bias and stereotypes
To ensure that counseling and counseling materials are free from bias and stereotypes on the basis of race, color, sex, religion, national origin, sexual orientation, disability, and homelessness, all counselors:
1.
encourage students to consider programs of study, courses, extracurricular activities, and occupational opportunities on the basis of individual interests, abilities, and skills;
2.
examine testing materials for bias and counteract any found bias when administering tests and interpreting test results;
3.
communicate effectively with limited-English-proficient and disabled students and facilitate their access to all programs and services offered by the district;
Marblehead Public Schools Coordinated Program Review Report Page 87 of 133
CRITERION
NUMBER
Legal Standard
4.
provide limited-English-proficient students with the opportunity to receive counseling in their primary language;
5.
support students in educational and occupational pursuits that are nontraditional for their gender.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(a), (b); EEOA: 20 U.S.C. 1703(f); Title
IX: 20 U.S.C. 1681; 34 CFR 106.31, 106.36; Section 504: 29 U.S.C. 794; 34 CFR
104.4, 104.37; Title II: 42 U.S.C. 12132; 28 CFR 35.130, 35.160; NCLB: Title III,
Part A, Sec. 3121(c)(1)(C); Title X, Part C, Sec. 721; Mass. Const. amend. art. 114;
M.G.L. c. 71A, s. 7; c. 76, s. 5; 603 CMR 26.04, 26.07(8)
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
The district does not ensure student access to criteria 3&4 as referenced above.
CRITERION
NUMBER
MOA 14A
Legal Standard
Policies and practices to prevent stigmatization and segregation of homeless students
The school district has adopted policies and practices to ensure that homeless students are not stigmatized or segregated on the basis of their being homeless.
NCLB: Title X, Part C, Sec.
722(g)(1)(J) (i)
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
Policy has gone to the school committee and is under review. Currently the district is utilizing the
MSCA policy.
CRITERION
NUMBER
MOA 14B
Legal Standard
Comparability of services for homeless students
If they meet any eligibility criteria, homeless students are provided services comparable to services offered to other students in the school, including:
Title I services;
Marblehead Public Schools Coordinated Program Review Report Page 88 of 133
CRITERION
NUMBER
Legal Standard
CRITERION
NUMBER
MOA 15
Legal Standard
Non-discriminatory administration of scholarships, prizes and awards
Scholarships, prizes and awards sponsored or administered by the district are free of restrictions based upon race, color, sex, religion, national origin, sexual orientation or disability.
Schools may post or print information regarding private restricted scholarships as long as no preferential treatment is given to any particular scholarship offered and as long as the school does not endorse or recommend any such scholarship nor advise or suggest to a particular student that he or she apply for such a scholarship.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.3; Title IX: 20 U.S.C. 1681; 34 CFR 106.31,
106.37; Section 504: 29 U.S.C. 794; 34 CFR 104.4(b)(1)(v); Title II: 42 U.S.C.
12132; 28 CFR 35.130(b)(1)(v); Mass. Const. amend. art. 114; M.G.L. c. 76, s. 5;
603 CMR 26.07(7)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
MOA 16 educational programs for students with disabilities; educational programs for students with limited English proficiency; programs in vocational and technical education; and programs for gifted and talented students.
NCLB: Title X, Part C, Sec. 722 (g)(4)
Rating: Implemented District Response Required: No
Legal Standard
Notice to students 16 or over leaving school without a high school diploma, certificate of attainment, or certificate of completion
1. Within ten days from a student’s fifteenth consecutive unexcused absence, the school provides written notice to students age 16 or over and their parents or guardians. The notice is in English and the family’s native language and states that the student and the parent or guardian may meet with a representative of the
Marblehead Public Schools Coordinated Program Review Report Page 89 of 133
CRITERION
NUMBER
Legal Standard district within ten days from the date the notice was sent. At the request of the parent or guardian, the district may consent to an extension of the time for the meeting of not longer than fourteen days.
2. At the meeting the participants discuss the reasons that the student is leaving school and alternative educational or other placements. The student and parent or guardian are told that attendance is voluntary after the student turns 16 but are also informed of the student’s right to return to school.
M.G.L. c. 76, ss. 5, 18; St. 1965, c. 741
Rating: Not Implemented District Response Required: Yes
Department of Education Findings:
There is no indication that the district provides notice that includes the above requirements to students
16 or over who are contemplating leaving school without a high school diploma, certificate of attainment, or certificate of completion.
CRITERION
NUMBER
Legal Standard
MOA 17A
Use of physical restraint on any student enrolled in a publicly-funded education program
1.
The district has developed and implemented staff training at least annually on the use of restraint consistent with regulatory requirements. Such training occurs within the first month of each school year and, for employees hired
2.
after the school year begins, within a month of their employment.
The district administers physical restraint on students only when needed to protect a student and/or a member of the school community from imminent, serious, physical harm. The district implements restraint procedures
3.
4.
consistent with Department of Education regulations in order to prevent or minimize any harm to the student as a result of the use of physical restraint.
The district has developed written procedures regarding appropriate responses to student behavior that may require immediate intervention. Such procedures are annually reviewed and provided to school staff and made available to parents of enrolled students.
The district has developed and implemented reporting requirements and procedures for administrators, parents and the Department of Education
5.
consistent with the regulations.
The district has developed and implemented any applicable individual waiver procedures consistent with the regulations.
M.G.L. c. 71, s. 37G; 603 CMR 46.00
Marblehead Public Schools Coordinated Program Review Report Page 90 of 133
CRITERION
NUMBER
Legal Standard
Rating: Implemented District Response Required: No
CRITERION
NUMBER
TI 29A
TITLE 1
V. STUDENT SUPPORT SERVICES
Legal Standard
1.
Appropriate officials from private schools are informed and consulted about the availability of Title I services. Evidence of appropriate communication is maintained on file.
2.
Written affirmation is obtained and signed by officials of each participating private school, confirming that required consultation has occurred.
1120 NCLB; 1421-1426 NCLB
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
Interviews with staff and review of documentation indicate that private schools, both within the district and outside, have not received the required notification about the availability of Title I services and the appropriate documentation was not available at the time of the review.
CRITERION
NUMBER
TI 29B
Legal Standard
1.
Appropriate officials from Neglected or Delinquent (N or D) facilities are informed and consulted about the availability of Title I services. A contract exists between the district and the N or D facility, if applicable.
2.
The N or D program provides the appropriate academic and support services to enhance student achievement and provides a successful transition to noninstitutional settings for the participants.
1120 NCLB; 1421-1426 NCLB
Rating: Not Applicable District Response Required: No
Marblehead Public Schools Coordinated Program Review Report Page 91 of 133
Department of Education Findings:
The district does not have any N or D programs within its boundaries.
CRITERION
NUMBER
ELE 11
ENGLISH LEARNER EDUCATION
V. STUDENT SUPPORT SERVICES
Legal Standard
Equal Access to Academic Programs and Services
1.
The districts does not segregate LEP students from their English-speaking peers, except when necessary, to implement an English learner education program.
2.
The district ensures that LEP students participate fully with their Englishspeaking peers and are provided support in non-core regular public school courses.
3.
The district ensures that LEP students have the opportunity to receive academic support services, such as guidance and counseling, in the student’s primary language.
4.
The district ensures that LEP students are taught to the same academic standards and curriculum frameworks as all students, and provides the same opportunities to master such standards and frameworks as other students, including the opportunity to enter academically advanced classes, receive credit for work done, and have access to the full range of programs.
5.
The district provides access to the full range of academic opportunities and supports afforded non-LEP students, such as those outlined in the District
Curriculum Accommodation Plan (DCAP), access to special education services, and the implementation of Section 504 Student Accommodation Plans.
6.
The district uses content objectives that are based on the Massachusetts curriculum frameworks in English language arts, history and social science, mathematics, and science and technology/engineering, taught by qualified staff members. Language objectives are also based on the Massachusetts English language arts standards, and those standards contained in the Massachusetts
English Language Proficiency Benchmarks and Outcomes.
Authority: Title VI; c. 71A, §7; 603 CMR 26.07 (8)
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
All ELE students who have been identified have equal access to all programs and services; however the district has not completed the process of ensuring that all LEP students have been identified.
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CRITERION
NUMBER
ELE 12
Legal Standard
Equal Access to Nonacademic and Extracurricular Programs
The district provides appropriate support, where necessary, to limited English proficient students to ensure that they have equal access to the nonacademic programs and extracurricular activities available to their English-speaking peers.
Authority: Title VI; 603 CMR 26.06 (2)
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
All LEP students who have been identified are provided with equal access to nonacademic and extracurricular activities. The district is in the process of developing and implementing district-wide policies and procedures to ensure that all eligible students have been identified; however, this process has not been completed.
CRITERION
NUMBER
ELE 13
Legal Standard
Follow-up Support
1.
The district monitors students who have exited an English learner education program for two years and provides language support services to those students, if needed.
2.
To the extent possible, the district provides access to adult basic education in
English language and literacy skill instruction for LEP students who were previously enrolled in a public secondary school in the Commonwealth directly from a country other than the United States and who were unable to achieve English language proficiency as determined by assessments.
Authority: Title VI; Chapter 218 of the Acts of 2002
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
The district provides follow-up support for all who have been identified as in need of such services; however, the district is currently in the process of developing and implementing district-wide policies and procedures to ensure that all eligible students have been identified.
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COMPONENT VI: FACULTY, STAFF AND ADMINISTRATION
The criteria in this component examine whether the district has licensed staff, provides supervision of aides and tutors, and provides ongoing professional development in the program areas listed below. Additionally, the component examines whether the district implements an effective system of program leadership and oversight which fosters high standards and performance expectations for all students and staff consistent with the goals of applicable federal and state requirements and Education Reform Act of 1993.
Finally, this component examines whether the district’s personnel procedures are nondiscriminatory and aimed at recruiting employees from all groups.
:
Special Education (Report Issues # SE 50-54)
Civil Rights Methods of Administration (Report Issues MOA 18A-21)
Title I (Report Issues # TI 30-31)
English Learner Education (Report Issues 14-15)
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CRITERION
NUMBER
SE 50
SPECIAL EDUCATION
VI. FACULTY, STAFF AND ADMINISTRATION
Legal Standard
Responsibilities of the School Principal and Administrator of Special Education
Principal:
1.
Instructional support. The principal in each of the district’s schools promotes instructional practices responsive to student needs and ensures that adequate instructional support is available for students and teachers.
Instructional support includes remedial instruction for students, consultative services for teachers, availability of reading instruction at the elementary level, appropriate services for linguistic minority students, and other services consistent with effective educational practices and the requirements of M.G.L. c. 71B, §2. The principal consults with the Administrator of
Special Education regarding accommodations and interventions for students.
Such efforts and their results are documented and placed in the student record. Additionally, when an individual student is referred for an evaluation to determine eligibility for special education, the principal ensures that documentation on the use of instructional support services for
2.
the student is provided as part of the evaluation information reviewed by the
Team when determining eligibility.
Curriculum Accommodation Plan. The principal implements a curriculum accommodation plan developed by the district’s general education program to ensure that all efforts have been made to meet the needs of diverse learners in the general education program. The plan assists the regular classroom teacher in analyzing and accommodating diverse learning styles of all children in the regular classroom and in providing appropriate services and support within the regular education program including, but not limited to, direct and systemic instruction in reading and provision of services to address the needs of children whose behavior may interfere with learning.
The plan includes teacher training in (1) analyzing and accommodating diverse learning styles of all students in order to achieve an objective of
3.
4.
inclusion in the regular classroom of students with diverse learning styles;
(2) methods of collaboration among teachers, paraprofessionals and teacher assistants to accommodate such styles; and (3) training in the provision of pre-referral services within regular education, teacher mentoring and collaboration and parental involvement. ( The plan may be part of a multiyear strategic plan.)
Coordination with special education. The principal with the assistance of the Administrator of Special Education coordinates the delivery and supervision of special education services within each school building.
Educational services in home or hospital. Upon receipt of a physician’s written order verifying that any student enrolled in a public school or placed by the public school in a private setting must remain at home or in a hospital on a day or overnight basis, or any combination of both, for medical reasons and for a period of not less than fourteen school days in any school year, the principal arranges for provision of educational services in the home or hospital. Such services are provided with sufficient frequency to allow the student to continue his or her educational program, as long as such services do not interfere with the medical needs of the student. The principal coordinates such services with the Administrator for Special Education for
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CRITERION
NUMBER
SPECIAL EDUCATION
VI. FACULTY, STAFF AND ADMINISTRATION
Legal Standard eligible students. Such educational services are not be considered special education unless the student has been determined eligible for such services, and the services include services on the student’s IEP.
Administrator of Special Education:
5.
The school district has an appointed person to be its Administrator of
Special Education. The Administrator supervises all special education for the school district and ensures compliance with all federal and state special education laws. As appropriate, and in accordance with the requirements of
M.G.L. c.71B, §3A, the Administrator may designate other school district personnel to carry out some of the duties of the Administrator.
State Regulations
28.03(3)
Chapter 71, Section 38Q and 38Q ½
Federal Requirements
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
It is not clear that the district has developed, or that principals are implementing, a District
Curriculum Accommodation Plan (DCAP), as referenced in #2 of the above criterion.
CRITERION
NUMBER
SE 51
Legal Standard
Appropriate special education teacher certification/licensure
Individuals who design and/or provide direct special education services described in
IEPs, or who supervise the provision of special education services by other teachers or paraprofessionals, are appropriately certified.
State Regulations
28.02(3)
603 CMR 7.00
Federal Requirements
34 CFR 300.23; 300.136
Rating: Implemented District Response Required: No
CRITERION
NUMBER
Marblehead Public Schools Coordinated Program Review Report Page 96 of 133
Legal Standard
SE 52
Appropriate certifications/licenses or other credentials -- related service providers
Any person, including non-educational personnel, who provides related services described under federal special education law, who supervises paraprofessionals in the provision of related services, or who provides support services directly to the regular or special classroom teacher is appropriately certified, licensed, board-registered or otherwise approved to provide such services by the relevant professional standards board or agency for the profession.
State Regulations
28.02(3)
Federal Requirements
34 CFR 300.23; 300.24; 300.136
Rating: Implemented District Response Required: No
CRITERION
NUMBER
SE 53
Legal Standard
Use of paraprofessionals
1.
Paraprofessionals and assistants (e.g., teacher aides, tutors and student
2.
teachers) are appropriately trained to assist in providing special education or related services.
Persons employed as paraprofessionals and assistants do not design instruction for students with disabilities but are expected to implement instruction under the supervision of an appropriately certified or licensed professional who is proximate and readily available to provide such supervision.
State Regulations Federal Requirements
34 CFR 300.136(f)
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
Paraprofessionals are not always appropriately trained to provide special education services.
CRITERION
NUMBER
Legal Standard
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CRITERION
NUMBER
SE 54
Legal Standard
Professional development regarding special education
The district considers the needs of all staff in developing training opportunities for professional and paraprofessional staff and provides a variety of offerings which at a minimum include the following training topics offered on an annual basis:
1.
state and federal special education requirements and related local special education policies and procedures;
2.
confidentiality of student records;
3.
training in analyzing and accommodating diverse learning styles of all students in order to achieve an objective of inclusion in the regular classroom of students with diverse learning styles;
4.
methods of collaboration among teachers, paraprofessionals and teacher assistants to accommodate diverse learning needs of all students in the regular classroom;
5.
training in the provision of pre-referral services within regular education, teacher mentoring and collaboration and parental involvement;
6.
training for all locally hired and contracted transportation providers on the unique needs of all students being transported in regular and special transportation vehicles; and
7.
in cooperation with the special education parent advisory council, at least one workshop annually within the district on the rights of students and their parents and guardians under the state and federal special education laws and makes written materials explaining such rights available upon request.
State Regulations
Chapter 71, Section 38g
Federal Requirements
34 CFR 300.382
CMR 28.03(1)(a) and 28.06(8)(c)
Chapter 71, Section 38Q and 38Q ½
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
The district does not currently have an active Parent Advisory Council that coordinates an annual workshop as referenced in #7 above.
CRITERION
NUMBER
CIVIL RIGHTS METHODS OF ADMINISTRATION
VI. FACULTY, STAFF AND ADMINISTRATION
Legal Standard
MOA 18A School district employment practices
District employment practices in general are free from discrimination on the basis of race, color, national origin, sex, or disability. In particular, the district’s faculty salary scales are based on the conditions and responsibilities of employment without
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CRITERION
NUMBER
CIVIL RIGHTS METHODS OF ADMINISTRATION
VI. FACULTY, STAFF AND ADMINISTRATION
Legal Standard regard to race, color, national origin, sex, or disability, and the district’s employee recruitment is aimed at reaching all groups, including members of linguistic, ethnic, and racial minorities, females and males, and persons with disabilities.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(c); EEOA: 20 U.S.C. 1703(d); Title IX: 20
U.S.C. 1681; 34 CFR 106.51-106.61; Section 504: 29 U.S.C. 794; 34 CFR 104.11-
104.14; Title II: 42 U.S.C. 12132; 28 CFR 35.140; Mass. Const. amend. art 114
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
The district did not provide copies of the employee recruitment letters that contained a nondiscrimination clause.
CRITERION
NUMBER
MOA 19
Legal Standard
Reserved
CRITERION
NUMBER
MOA 20
Reserved
Legal Standard
CRITERION
NUMBER
MOA 21
Legal Standard
Staff training regarding civil rights responsibilities
The district provides in-service training for all school personnel at least annually regarding civil rights responsibilities, including the prevention of discrimination and harassment on the basis of students’ race, color, sex, religion, national origin and sexual orientation and the appropriate methods for responding to it in the school setting.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.3; EEOA: 20 U.S.C. 1703(f); Title IX: 20
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CRITERION
NUMBER
Legal Standard
U.S.C. 1681; 34 CFR 106.31-106.42; M.G.L. c. 76, s. 5; 603 CMR 26.00, esp.
26.07(2), (3)
Rating: Not Implemented District Response Required: Yes
Department of Education Findings:
There is no indication that the district provided an annual training regarding civil rights responsibilities as referenced in the above criteria.
CRITERION
NUMBER
TI 30
TITLE 1
VI. FACULTY, STAFF AND ADMINISTRATION
Legal Standard
1.
All professional staff providing Title I services are appropriately licensed (or hold current licensure waivers) and are highly qualified for their job title and function.
2.
Where applicable, the district’s Title IIA grant application describes how it will use these funds to meet the requirements of section 1119.
3.
Each principal of a school that has a Title I program (whether a Schoolwide or a
Targeted Assistance program) has attested in writing that the teachers within the school (Title I and non-Title I) who teach the core academic subjects have met or are working toward meeting the highly qualified teacher requirements.
MGL Chapter 71, 38G
1119(a), (c), (d), and (f) NCLB
2122(b) 10 NCLB
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
Classroom observations and interviews with staff indicate that staff designated as tutors do not always work under the direct supervision of a certified teacher as required.
CRITERION
NUMBER
TI 31
Professional Development
1.
Legal Standard
The school district uses at least 5% of its Title I funds for professional development activities to ensure that teachers who are not highly qualified,
Marblehead Public Schools Coordinated Program Review Report Page 100 of 133
CRITERION
NUMBER
Legal Standard
2. become highly qualified.
Title I teachers are involved in the Title IIA professional development needs assessment.
1119(k)(1) NCLB
2122(c)(1)(2) NCLB
Rating: Implemented District Response Required: No
CRITERION
NUMBER
ELE 14
ENGLISH LEARNER EDUCATION
VI. FACULTY, STAFF AND ADMINISTRATION
Legal Standard
Licensure and Fluency Requirements
1.
The district assures that all teachers in English language classrooms are literate and fluent in English.
A teacher is literate in English if the teacher:
(a) possesses a teaching license issued pursuant to G.L. c.71, section 38G; or
(b) possesses a vocational teacher approval or a vocational technical educator license; or
(c) earns a passing score on the Communication and Literacy Skills portion of the Massachusetts Tests for Educator Licensure (MTEL); or
(d) possesses a Bachelor’s degree from a college or university where the language of instruction was English.
English fluency may be determined through one or more of the following methods:
(a) classroom observation and assessment by the teacher’s supervisor, principal, and/or superintendent or charter school leader; or
(b) an interview and assessment by the teacher’s supervisor, principal, and/or superintendent or charter school leader; or
(c) the teacher’s demonstration of fluency in English, through a test accepted by the Commissioner of Education; or
(d) another method determined by the superintendent or charter school leader, and accepted by the Commissioner of Education.
2.
Teachers and educational staff who are qualified and who teach in ELE programs hold the appropriate licenses or current waivers issued by the
Department of Education.
3.
If the district has 200 or more LEP students and has a director of programs for LEP students who is employed in that position for one-half time or more, that director is certified in English as a Second Language, or Bilingual
Marblehead Public Schools Coordinated Program Review Report Page 101 of 133
CRITERION
NUMBER
ENGLISH LEARNER EDUCATION
VI. FACULTY, STAFF AND ADMINISTRATION
Legal Standard
Education, or English Language Learners program license, and an administrator/supervisor license.
4.
Although districts are required no later than July 2008 to have at least one teacher who is certified in ESL, or TBE, or ELL under Chapter 71A, under federal Title VI, districts are required to have certified and qualified staff.
Authority: G.L. c. 71, § 38G; G.L. c. 71A, § 2; Chapter 218 of the Acts of
2002, §§ 24 and 25; Title VI; 603 CMR 14.05
Rating: Implemented District Response Required: No
CRITERION
NUMBER
ELE 15
Legal Standard
Professional Development Requirements
District schools with LEP students implement a professional development plan that provides high quality training in second language acquisition and in working with culturally and linguistically diverse student populations. The school provides opportunities that ensure the progress of LEP students in developing oral comprehension, speaking, reading, and writing of English, and also in meeting academic standards and curriculum frameworks.
Authority: M.G.L. c71, § 59C; NCLB, Title III
Rating: Implemented District Response Required: No
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COMPONENT VII: SCHOOL FACILITIES
The criteria in this component examine whether the district maintains facilities that are conducive to learning, facilitate integration, and provide equal access and opportunity for students to achieve in the program areas listed below:
Special Education (Report Issues # SE 55)
Civil Rights Methods of Administration (Report Issues MOA 22-23)
English Learner Education (Report Issue # ELE 16)
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CRITERION
NUMBER
SE 55
SPECIAL EDUCATION
VII. SCHOOL FACILITIES
Legal Standard
Special education facilities and classrooms
1.
The school district provides facilities and classrooms for eligible students which maximize the inclusion of such students into the life of the school;
2.
3.
4.
provide accessibility in order to implement fully each child’s IEP; are at least equal in all physical respects to the average standards of general education facilities and classrooms; and are given the same priority as general education programs for access to and use of instructional and other space in public schools in order to minimize the separation or stigmatization of eligible students.
State Regulations
28.03(1)(b)
Federal Requirements
Section 504 of the Rehabilitation Act of
1973
Rating: Implemented District Response Required: No
CRITERION
NUMBER
MOA 22
CIVIL RIGHTS METHODS OF ADMINISTRATION
VII. SCHOOL FACILITIES
Legal Standard
Accessibility of district programs and services for students with disabilities
In at least one facility within the district, the district makes available and entirely accessible to students with disabilities all educational and vocational programs and services offered at each level (preschool, elementary and secondary).
Section 504: 29 U.S.C. 794; 34 CFR 104.21,104.22; Title II: 42 U.S.C. 12132; 28
CFR 35.149, 35.150; Mass. Const. amend. art. 114
Rating: Implemented District Response Required: No
CRITERION
NUMBER
MOA 23
Legal Standard
Comparability of facilities
Where the district provides separate facilities for members of a specific group, those facilities are comparable to those offered other students in the district, including:
1.
separate facilities for disabled, limited-English-proficient or pregnant students
Marblehead Public Schools Coordinated Program Review Report Page 104 of 133
CRITERION
NUMBER
Legal Standard that are comparable to the facilities for other students in the district;
2.
separate toilet, locker room, and shower facilities for students of one gender that are comparable in size, condition, number and location to those provided students of the other gender.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(b)(2); Title IX: 20 U.S.C. 1681; 34
CFR 106.33, 106.40(b)(3); Section 504: 29 U.S.C. 794; 34 CFR 104.34(c);
Mass. Const. amend. art. 114; 603 CMR 28.03(1)(b)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
ELE 16
ENGLISH LEARNER EDUCATION
VII. SCHOOL FACILITIES
Legal Standard
The district ensures that LEP students are provided facilities, materials, and services comparable to those provided to the overall student population..
Authority: Title VI; 603 CMR 26.07
Rating: Implemented District Response Required : No
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COMPONENT VIII: PROGRAM PLAN AND EVALUATION
The criteria in this component examine whether the district has written program plans that are evaluated according to specific regulatory requirements and whether parents have opportunities for input on needs, program implementation, evaluation, and improvement in the program areas listed below:
Special Education (Report Issue # SE 56)
Civil Rights Methods of Administration (Report Issues MOA 23A-25)
Title I (Report Issues # TI 32-38)
Safe and Drug Free Schools (Report Issue # SDF 5-8)
English Learner Education (Report Issue #17)
Marblehead Public Schools Coordinated Program Review Report Page 106 of 133
CRITERION
NUMBER
SE 56
SPECIAL EDUCATION
VIII. PROGRAM PLAN AND EVALUATION
Legal Standard
Special education programs and services are evaluated
1.
Special education programs, services and administrative areas are regularly evaluated.
2.
3.
The district develops methods for determining the effectiveness of programs in assisting students with disabilities to achieve the goals set forth in their
IEPs in the least restrictive environment.
The district uses information it gathers from annual IEP reviews to measure
4.
the effectiveness of special education programs, and identifies programs, services and administrative areas that need improvement or must be developed.
As part of these evaluation procedures, the district measures the success of programs based on students’ local and statewide assessment results, drop out rates and graduation rates for special education students.
State Regulations
Chapter 71B, Section 2
Chapter 71, Section 59C
Federal Requirements
34 CFR 300.137
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
Administrative and teaching staff interviews indicate that, while meetings and discussions take place regarding the evaluation and effectiveness of programs for students with disabilities, there is no formal mechanism to measure and document the effectiveness of the evaluation procedures.
CRITERION
NUMBER
CIVIL RIGHTS METHODS OF ADMINISTRATION
VIII. PROGRAM PLAN AND EVALUATION
Legal Standard
Review and revision of policies to remove barriers to the enrollment and retention of homeless children and youth
The school district has adopted policies to remove barriers to the enrollment and retention of homeless children and youth in district schools; it regularly reviews and revises those policies.
NCLB: Title X, Part C, Sec. 722(g)(1)(I), 722(g)(7)
MOA 23A
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
The district does not have school committee approved policy at the time of the review. However, the policy has gone to the school committee and is under review. Currently the district is utilizing the
Marblehead Public Schools Coordinated Program Review Report Page 107 of 133
MSCA policy. The HEL reviews practice with the appropriate staff.
CRITERION
NUMBER
MOA 24
Curriculum review
Legal Standard
The district ensures that teachers in the district review all educational materials for simplistic and demeaning generalizations, lacking intellectual merit, on the basis of race, color, sex, religion, national origin and sexual orientation. Appropriate activities, discussions and/or supplementary materials are used to provide balance and context for any such stereotypes depicted in such materials.
M.G.L. c. 76, s. 5; 603 CMR 26.05(2)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
MOA 25
Legal Standard
Institutional self-evaluation
The district evaluates all aspects of its K-12 program annually to ensure that all students, regardless of race, color, sex, religion, national origin, limited English proficiency, sexual orientation, disability, or housing status, have equal access to all programs, including athletics and other extracurricular activities. It makes such changes as are indicated by the evaluation.
Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(b)(2); EEOA: 20 U.S.C. 1703(f); Section
504: 29 U.S.C. 794; 34 CFR 104.4(b)(4); Title II: 42 U.S.C. 12132; 28 CFR
35.130(b)(3); NCLB: Title III, Part A, Sec. 3121(c)(1)(C); Title X, Part C, Sec.
722(g)(1)(J)(i), 722(g)(7); Mass. Const. amend. art. 114; M.G.L. c. 71A, s. 7; c. 76, s. 5; 603 CMR 26.07(1),(4)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
Marblehead Public Schools Coordinated Program Review Report Page 108 of 133
Legal Standard
MOA 26 Records for homeless students
The school maintains for each homeless student records ordinarily kept by it, including immunization or medical records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, so that the records are available, in a timely fashion, when the student enters a new school or school district.
NCLB: Title X, Part C, Sec. 722(g)(3)(D)
Rating: Implemented District Response Required: No
CRITERION
NUMBER
TI 32
TITLE 1
VIII. PROGRAM PLAN AND EVALUATION
Legal Standard
A needs assessment and a data analysis are conducted annually in each Title I school
(Targeted Assistance and Schoolwide programs) to determine the types of programs and services to be provided to Title I students, parents, and staff. The implemented program is evaluated for effectiveness annually and the resulting program changes are described. Meeting notes, summary of analysis of needs assessment data, written evaluation findings, and all relevant documents are available.
1114(b)(1)(A); 1115 (c)(2)(B) NCLB
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
Interviews with staff and review of documentation indicate that the district has conducted a needs assessment at the district level and it is clear that data analysis plays a central role in decisionmaking. However, there is no written school-based needs assessment conducted on an annual basis that involves parents, teachers and administrators. In addition, there is no formal written evaluation of the effectiveness of the program conducted on an annual basis.
CRITERION
NUMBER
Legal Standard
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CRITERION
NUMBER
TI 33
Legal Standard
The adequate yearly progress (AYP) of each Title I school is evaluated in the aggregate and by subgroup, as available, on an annual basis. Title I program changes are implemented that reflect the results of this evaluation.
1114 (b)(2)(B)(iii); 1115 (c)(2)(B); 1116(A)(1)(A) and (B) NCLB
Rating: Implemented District Response Required: No
CRITERION
NUMBER
TI 34
Legal Standard
Each Title I school identified as “in need of improvement” revises (not later than 3 months after being identified) a two-year school improvement plan in consultation with parents, staff, other district personnel, and outside experts that meets NCLB requirements.
1116(b)(3)(A) NCLB
Rating: Not Applicable District Response Required: No
Department of Education Findings:
The district does not have any Title I schools that have been identified as “in need of improvement.”
CRITERION
NUMBER
Legal Standard
TI 35 For schools that have been identified as “in need of improvement,” school improvement plans must be implemented not later than the beginning of next full school year following this identification.
1116(b)(3)(D)
Rating: Not Applicable District Response Required: No
Department of Education Findings:
The district does not have any Title I schools that have been identified as “in need of improvement.”
Marblehead Public Schools Coordinated Program Review Report Page 110 of 133
CRITERION
NUMBER
TI 36
Legal Standard
For any of the district’s Title I schools that have been identified as “in need of improvement,” the school spends at least 10% of its allocation of Title I funds to provide teachers and the school principal with high-quality professional development that directly addresses the problems associated with academic achievement in the school.
1116(b)(3)(A)(iii)(I) NCLB
Rating: Not Applicable District Response Required: No
Department of Education Findings:
The district does not have any Title I schools that have been identified as “in need of improvement.”
CRITERION
NUMBER
Legal Standard
TI 37
For schools that have been identified as “in need of improvement,” the district provides students enrolled in those schools the choice to transfer to another of the district’s schools not identified as in need of improvement and informs parents of this opportunity. Priority is given to the lowest achieving students from low-income families.
1116(b)(1)(E)(i) and (ii) NCLB
2763A-32 of P.L. 106-554 (Education Appropriations Act, 2001)
Rating: Not Applicable District Response Required: No
Department of Education Findings:
The district does not have any Title I schools that have been identified as “in need of improvement.”
CRITERION
NUMBER
Legal Standard
TI 38 For schools that continue to fail to make AYP after being identified as “in need of improvement,” the district:
1. Continues to make the choice to transfer option available to students;
2. Makes supplemental educational services available;
For supplemental services, the district/school notifies parents of eligible students
Marblehead Public Schools Coordinated Program Review Report Page 111 of 133
CRITERION
NUMBER
Legal Standard at least annually about the availability of supplemental educational services, objectively determines which students should receive services if all students can not be served, arranges for service to be provided, ensures that students with disabilities and students with limited English proficiency are served appropriately and when requested, assists the Department with monitoring the services provided;
3. The district addresses requirements for schools in Corrective Action (if applicable), and;
4. The district provides technical assistance to schools in improvement and/or corrective action status.
1116(b)(5) and 1116 (e) NCLB; 200.46 (4) and (5)
Rating: Not Applicable District Response Required: No
Department of Education Findings:
The district does not have any schools that have been identified under this criterion.
CRITERION
NUMBER
SDF 5
SAFE AND DRUG FREE SCHOOLS
VIII. PROGRAM PLAN AND EVALUATION
Legal Standard
Each recipient bases its programs on a thorough assessment of objective data about the drug and violence problems in the schools and communities served. Each
SDFSCA grant recipient conducts a through assessment of the nature and extent of youth drug use and violence problems.
[Title IV Secs. 4111 – 4116]
Rating: Implemented District Response Required: No
Department of Education Findings:
Interviews and documentation indicate that the program is based on a thorough assessment of objective data about drug and violence problems in the schools and community. The district has a process in place to determine the current use and level of substance abuse and violence among the students of Marblehead, including a review of school disciplinary data as well as an analysis of community data. The YRBS (Youth Risk Behavior Survey) had been provided and data analyzed in
1997, 1999, and 2001. The district did not provide a survey in 2003, but did conduct a trend analysis.
The middle school has recently devised a more effective protocol for tracking all of its infractions and enforcement of consequences. Data analysis includes reviewing surveys and consultation with law enforcement, health and community representatives. Private schools indicate the intent to participate, but consistently opt out of offered trainings. Interviews suggest that there is not a consistent district wide reporting procedure for infractions, partly because there is not a consistent district wide accepted definition of certain behaviors (assault, fight, etc). Previously, the district provided a self-
Marblehead Public Schools Coordinated Program Review Report Page 112 of 133
CRITERION
NUMBER
SAFE AND DRUG FREE SCHOOLS
VIII. PROGRAM PLAN AND EVALUATION
Legal Standard report behavior survey every 2 years, however this has not occurred in 3 years.
CRITERION
NUMBER
Legal Standard
SDF 6
Each recipient establishes a set of performance measures and designs its programs to meet those measures.
[Title IV Sections 4114, (d) (B) (i) (I) (II) (ii) (C)]
Rating: Implemented District Response Required: No
Department of Education Findings:
The performance measures were based on the trends identified in the most recent analysis for drug and violence problems among Marblehead’s youth. Performance indicators have been established and address the needs identified by the objective analysis. The plan provides specific reductions in risk factors and increases in protective factors.
CRITERION
NUMBER
SDF 7
Legal Standard
Each recipient designs and implements its programs for youth based on research or evaluation that provides evidence that programs used are based on scientifically based research that provides evidence that the program to be used will reduce violence and illegal drug use.
[NCLB, Title IV Section 4115, (a) (C)]
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
Documentation and interviews indicate that the district provides locally developed as well as USDE approved curricula throughout the district. The Bell Elementary provides a locally developed violence prevention curriculum. The district provides Life Skills, Project Northland, Responsive
Classroom, THTM and Bully Proofing curricula. Interviews indicate that not all programs are delivered with fidelity or consistently through out the schools. Not all lessons from Project Northland or Project Alert are being implemented. Interviews indicate that there had been a distinct K-12 substance and violence prevention program, but it is no longer as sound as in the past as there have been severe reductions in program provision. The Michigan Model is available, but it is unclear how many K-4 classroom teachers use it regularly as implementation is not tracked. The middle school provides health via a collaborative effort among academics, family consumer science, P.E. and wellness. Life Skills training is provided at grades 7 & 8, during the ¼ semester course where previously it had been offered to grades 6-8. A group of at-risk 8 th grade boys receives more intensive training for violence and substance use prevention. The middle school has implemented an
Marblehead Public Schools Coordinated Program Review Report Page 113 of 133
CRITERION
NUMBER
Legal Standard advisor/advisee program and has a new protocol for discipline, which actively involves the students in understanding their behavior and in determining its consequences. DARE was offered last year at both the high school and middle school, but is offered on a more limited basis this year. Currently the high school no longer provides health in 11th grade, and the 10 th
graders have received a reduction of the health course to a quarter of a semester. THTM is provided and augmented by Flash Points.
Students have created a task force to prevent bullying and teasing and are actively involved in peer mediators, peer mentors, and Best Buddies. Peer mediation is beginning this year. The community has provided STEP to different cohorts of parents. The Family Center along with the community has offered parent support and guidance. The district continues to struggle with how to best deal with the issue of drug prevention in the face of several drug related events that have occurred in the past few years.
CRITERION
NUMBER
SDF 8
Legal Standard
Each recipient shall conduct a periodic evaluation to assess its progress toward reducing violence and illegal drug use in schools to be served based on performance measures.
[NCLB, Title IV Secs. 4115 (2) (A),(B)]
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
The Counseling Center identifies process and outcome evaluation for parents of children involved in
STEP. The CRC focused on the teen center, and after completing a needs assessment determined that it was more appropriate for the middle school. Wellness and PE staff meets three times monthly to discuss what is taught and make changes accordingly. Wellness and PE curriculum director meets with nurse leader 3-4x a year. Principals meet every 2 weeks to review student related substance and violence incidents with the police. Those who teach Life Skills training complete evaluations for the developers, but do not utilize the evaluation process as a means of informing the process. The above comments not withstanding, documentation and interviews indicate there is not a formalized directed evaluation plan which encompasses process, outcome and impact evaluation for the specific programs, including the at risk 8 th grade boys group or for the general substance and violence prevention programs at large. Evaluation results that have been assembled have not consistently informed program delivery.
Marblehead Public Schools Coordinated Program Review Report Page 114 of 133
CRITERION
NUMBER
ELE 17
ENGLISH LEARNER EDUCATION
VIII. PROGRAM PLAN AND EVALUATION
Legal Standard
DOE Data Submission Requirements and Program Evaluation
1.
The district reports annually to the Department, the following student
information: i.
the schools in which LEP students are enrolled; ii.the grade levels of the students; iii.the primary languages of each LEP student; and iv.the types of English learner programs in which the district has enrolled LEP students, including sheltered English immersion, twoway bilingual, transitional bilingual education (for students with waivers only), or students whose parents have declined services.
2. The district conducts periodic evaluations of the effectiveness of its ELE program. The students are showing English language development and the ability to participate meaningfully in the educational program. Where the district documents that the program is not effective, it takes steps to make appropriate program adjustments or changes that are responsive to the outcomes of the program evaluation.
For Title III districts:
3. The district provides information to the Department that describes:
(a) ELE programs and activities;
(b) a description of the progress made by students in learning English and academic content;
(c) the number and percentage of students in the programs attaining
English proficiency by the end of the school year; and
(d) the description of academic progress made by the students.
Authority: M.G.L. c 71A; NCLB, Title III, Title VI; 603 CMR 14.03
Rating: Partially Implemented District Response Required : Yes
Department of Education Findings:
The district is currently in the process of reviewing its procedures for the identification of LEP students to ensure that all LEP students have been identified and included in the annual report.
However, to date it is not clear that all LEP students have been identified.
Marblehead Public Schools Coordinated Program Review Report Page 115 of 133
COMPONENT IX: RECORD KEEPING
The criteria in this component examine whether the district maintains required records and documentation for each program area, whether entitlement grants are appropriately designed, amended, and locally monitored, whether the use federal grant funds is in accordance with statutory fund-use rules, including supplement not supplant provisions and maintenance of effort requirements where applicable for the program areas listed below:
Special Education (Report Issues # SE 57-58)
Title I (Report Issues # TI 39-40 General Requirements and
TI 1-18 Fiscal Requirements)
Safe and Drug Free Schools (Report Issue # SDF 9-10)
English Learner Education (Report Issue # 18)
Marblehead Public Schools Coordinated Program Review Report Page 116 of 133
CRITERION
NUMBER
SE 57
SPECIAL EDUCATION
IX. RECORD KEEPING
Legal Standard
3.
Special education child count
1.
The school district maintains appropriate procedures to ensure that an accurate and unduplicated child count is provided to the Department of
Education upon request. A child count represents students with current, accepted IEPs who are provided, at a minimum, direct special education and/or related services by the district or by an out-of-district provider through a contract with the district.
2.
The child count also includes students with disabilities determined eligible for special education who are attending private schools at private expense and are receiving publicly funded services according to IEPs developed by the district.
The district does not include as part of its special education child count
(a) students who are determined by the Department to be erroneously classified as eligible to be counted under federal or state special education requirements; (b) students who are no longer receiving special education and/or related services; and (c) students with disabilities for whom the district has no programmatic responsibility, even if the district has financial responsibility.
State Regulations
603 CMR 23.00
Federal Requirements
34 CFR 300.750-754; 300.145;
300.560-300.577 Family
Educational Rights and Privacy Act
(FERPA); 34 CFR 300.133
Rating: Implemented District Response Required : No
CRITERION
NUMBER
SE 58
Legal Standard
Federal Special Education Entitlement Grant
1.
The district’s Special Education entitlement grant is designed by appropriate local administrators who are responsible for the implementation of the local special education programs and services.
2.
Where necessary, appropriate local administrators amend the programmatic and budgetary sections of the grant according to procedures and timelines required by the Department of Education.
3.
Appropriate local administrators monitor the entitlement grant in an ongoing manner to ensure its full implementation as the Department of Education has approved it.
4.
The district has secured the approval of the Department of Education for all amendments prior to their implementation.
Marblehead Public Schools Coordinated Program Review Report Page 117 of 133
CRITERION
NUMBER
State Regulations
28.03(1)(e)
Legal Standard
Federal Requirements
34 CFR 300.230
; 300.340-300.500
CRITERION
NUMBER
TI 39
TITLE 1
IX. RECORD KEEPING – General Requirements
Legal Standard
1. The district has submitted all required reports to the Department including the district Title I Plan/Application and Performance and Achievement Report.
2. The district maintains appropriate Title I records in a central location or at each
Title I school and keeps correspondence on file, including documentation for identifying schools eligible for Title I services (Target Area Selection) determining school allocations.
3. Current information is made available to the Department regarding the allocation of Title I funds to schools and the rank order list and student selection criteria determined by the district.
1113; 1116 (c)(1)(B) NCLB
Rating: Implemented District Response Required : No
CRITERION
NUMBER
TI 40
Rating: Implemented District Response Required: Yes
Legal Standard
Federal Title I Grant:
1.
The district’s Title I grant is developed by appropriate local administrators who are responsible for the implementation of the local Title I programs and
Marblehead Public Schools Coordinated Program Review Report Page 118 of 133
CRITERION
NUMBER
Legal Standard services.
2.
Where necessary, appropriate local administrators amend the programmatic and budgetary sections of the grant according to procedures and timelines required by the Department, including those for grant amendments,
3.
Appropriate local administrators monitor the grant in an ongoing manner to ensure its full implementation as the Department has approved it.
Rating: Implemented District Response Required : No
CRITERION
NUMBER
TI 1
TITLE 1
IX. RECORD KEEPING – FISCAL REQUIREMENTS
I. Maintenance of Effort
Legal Standard
The maintenance of effort fiscal test is of local and state expenditures, not of Title I or other federal expenditures.
1120A(a); 9521 NCLB
Rating: Implemented District Response Required : No
CRITERION
NUMBER
TI 2
Legal Standard
The school district’s combined fiscal effort per student ( or aggregate expenditures of the school district and state for free public education for the preceding fiscal year) was not less than 90% of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year.
1120A(a); 9521(a) NCLB
Rating: Implemented District Response Required : No
Marblehead Public Schools Coordinated Program Review Report Page 119 of 133
CRITERION
NUMBER
TI 3
II. Comparability
Legal Standard
1. Documentation of the district’s Comparability Report demonstrates annual compliance with the comparability requirement and is documented at least biennially.
1120A(c)(3)(B) NCLB
2. The district’s comparability fiscal test is a comparison of local and state funds in
Title I schools and non-Title I schools, not a comparison of federal funds.
1120A(c) NCLB
3. The school district uses state and local funds in Title I schools that provide services that, taken as a whole, are at least comparable to services in non-Title I schools.
1120A(c)(1)(A) NCLB
4. If all of the district’s schools are Title I schools, the school district uses state and local funds to provide services that, taken as a whole, are substantially comparable in each school.
1120A(c)(1)(B) NCLB
Rating: Implemented District Response Required : No
CRITERION
NUMBER
TI 4
Legal Standard
1. The district has established and implemented the following requirements: a. a district-wide salary schedule; b. a policy to ensure equivalence among schools in teachers, administrators, and other staff; and c. a policy to ensure equivalence among schools in the provision of curriculum materials and instructional supplies.
1120A(c)(2)(A) NCLB
2. If the school district groups schools by grade-span for demonstrating comparability, the school district does so in a way that reflects the actual grade-spans of the school district.
1120A(c)(1)(C) NCLB; Title I Policy Guidance IASA
Marblehead Public Schools Coordinated Program Review Report Page 120 of 133
CRITERION
NUMBER
Legal Standard
3. In applicable situations, the school district divides a grade-span with significant school enrollment differences into a large-group/small-group model.
Title I Policy Guidance IASA
Rating: Implemented District Response Required : No
CRITERION
NUMBER
TI 5
Legal Standard
1. Other measures, such as student/instructional staff ratios or student/instructional staff salary ratios, are used to demonstrate comparability. a. Student/staff ratios: The Title I school average, as determined in
Comparability Report forms, does not exceed 110% of average of non-Title I schools. b. Student/staff salary ratios: The Title I school averages are at least 90% of the average of non-Title I schools. c. Staff salary differentials for years of employment are not used in implementing requirements under criterion TI 5 (b) above.
1120A(c)(2)(B); 1120A(c)(3)(A) NCLB; Title I Policy Guidance IASA
2. Non-instructional staff (e.g., cafeteria workers, custodians, nurses, playground aides, student teachers, volunteers, etc.) are not included in the district’s comparability determinations.
Title I Policy Guidance IASA
Rating: Implemented District Response Required : No
CRITERION
NUMBER
TI 6
Legal Standard
If the district is receiving and excluding supplemental state and local funds from the
Title I comparability determinations, the district is able to demonstrate that the supplemental state and/or local funds that are excluded from Title I comparability determinations are used for programs that meet the intent and purposes of Title I.
1120A(d) NCLB
Marblehead Public Schools Coordinated Program Review Report Page 121 of 133
CRITERION
NUMBER
Legal Standard
Rating: Not Applicable District Response Required : No
Department of Education Findings:
The district has not made use of the exclusion provision in making comparability determinations.
CRITERION
NUMBER
III. Supplement, Not Supplant
Legal Standard
TI 7
[Applicable to Targeted
Assistance
Schools
(TAS)]
The district is able to demonstrate that it uses Title I funds only to supplement and, to the extent practical, increase the level of funds that would in the absence of Title I funds be made available from non-federal sources for the education of students participating in Title I programs.
1120A(b)(1) NCLB
Rating: Implemented District Response Required : No
CRITERION
NUMBER
TI 8
[Applicable to TAS]
Legal Standard
The district/school is able to demonstrate that the Title I funds have been used for the express purpose of serving those students who were identified as being in greatest need of Title I assistance based on the district’s and school’s Title I student selection criteria.
1115(a) NCLB
Rating: Implemented District Response Required : No
CRITERION
NUMBER
TI 9
[Applicable to Schoolwide
Legal Standard
Title I funds may be used in combination with state, local, and other federal funds to serve the entire school population in accordance with the schoolwide plan in effect for the school.
Marblehead Public Schools Coordinated Program Review Report Page 122 of 133
CRITERION
NUMBER
Legal Standard
Programs
(SWP)] 1114(a)(1) NCLB
The district is able to demonstrate that the Title I funds in a schoolwide program school are in addition to the total amount of funds that would, in the absence of the
Title I funds, be made available from non-federal sources for the school, including funds needed to provide services required by law for students with disabilities and students with limited English proficiency.
1114(a)(2)(B) NCLB
Rating: Not Applicable District Response Required : No
Department of Education Findings:
The district only has targeted assistance programs.
CRITERION
NUMBER
TI 10
(Exclusion)
Legal Standard
If the district is excluding supplemental state and local funds from the Title I supplement (not supplant determinations), the district is able to demonstrate that the excluded funds are used for programs that meet the intent and purposes of Title I.
1120A 1120A(d)
Rating: Not Applicable District Response Required: No
Department of Education Findings:
The district has not made use of the exclusion provision in making supplement, not supplant determinations.
CRITERION
NUMBER
Legal Standard
TI 11 In implementing federal Title I supplement, not supplant requirements, the district has developed and implemented a Supplement Not Supplant policy and procedures.
Rating: Partially Implemented District Response Required : Yes
Marblehead Public Schools Coordinated Program Review Report Page 123 of 133
Department of Education Findings:
While interviews with staff indicate that they are aware that funding and services must supplement and not supplant those of the district, the current written policy lacks sufficient detail.
CRITERION
NUMBER
IV. Other Fiscal Requirements
Legal Standard
TI 12 The district maintains time and effort records for all Title I staff to document the time actually spent by staff on Title I activities. a.
Full-time staff – Staff funded solely from the Title I grant sign semi-annual certifications that he/she has been working solely in activities supported by the
Title I grant for the period indicated. The certification is signed by the employee or supervisory official having first-hand knowledge of the work performed by the employee. b.
Split time staff – Title I personnel whose time is charged in part to Title I and in part to other revenue sources (district funds or other federal funds) maintain monthly time and effort records. The employee documents the portions of time and effort dedicated to Title I and other revenue sources and must account for the total time for which the employee is compensated. The time and effort record coincides with one or more pay periods and must be signed by the employee and countersigned by an administrator or supervisor.
EDGAR: OMB Circular A-87; MADOE Title I Instructions
Department of Education Findings:
Review of documentation indicates that the district has established monthly time and effort records for split-funded staff, but needs to establish the semi-annual certifications for staff that are fully funded by
Title I.
CRITERION
NUMBER
Legal Standard
TI 13
Rating: Partially Implemented District Response Required : Yes
The district has selected eligible schools in accordance with Title I requirements under this criterion.
1113(a); 1113(b); 1113(c); NCLB
Rating: Implemented District Response Required : No
Marblehead Public Schools Coordinated Program Review Report Page 124 of 133
CRITERION
NUMBER
TI 14
Legal Standard
The district includes accurate data in its Title I Application (Form 1) for the number of students residing in each of the district’s school attendance areas.
1113(a) NCLB
Rating: Implemented District Response Required : No
CRITERION
NUMBER
TI 15
Legal Standard
The district has made appropriate reservations (set asides) on Form 2 in accordance with applicable NCLB requirements:
1. Professional development – highly qualified staff
2. Professional development – schools in need of improvement
3. Choice-related transportation and supplementary services
4. Parental involvement
5. Homeless
1113(c)(2)(A); 1113(c)(3) NCLB
Rating: Implemented District Response Required : No
CRITERION
NUMBER
TI 16 The final allocations to schools have been calculated in accordance with Title I
1113(a); 1113(c)(2)(A) NCLB
Rating: Implemented
Legal Standard requirements, and the final allocation totals appropriately relate to the budget total.
District Response Required : No
Marblehead Public Schools Coordinated Program Review Report Page 125 of 133
CRITERION
NUMBER
TI 17 The district has made private school allocations in accordance with Title I requirements.
1120(a); 1120(b); 1120(c) NCLB
Legal Standard
Rating: Not Applicable District Response Required : No
Department of Education Findings:
No private schools currently receive an allocation from Title I.
CRITERION
NUMBER
Legal Standard
TI 18 Budgeting – The district budget process demonstrates appropriate Title I program planning and implementation consistent with identified student needs at each school.
Note the following Department procedures in determining compliance under this criterion:
Review the latest budget, budget narrative, budget comparison, and list of
Title I personnel documents to gain an understanding of the schools and grades participating in Title I programs. Interview school staff to determine which subjects and grades are Title I.
1. Does the current year budget total correspond with the district’s entitlement together with any carryover? If not, obtain explanation.
2. Does the current year budget total correspond with the total funds allocated on Form 1? If not, obtain explanation.
3. Review the allocation for each school. Do the allocated dollars for each school approximate budget of personnel assigned to the school as shown on the personnel list? During the school visit, determine whether the personnel are assigned and teaching the grades and subjects noted.
4. Sample schools to compare the consistency of the listing of personnel to the personnel listed on Form D of the Comparability
Report. If not consistent, obtain explanation.
MADOE Title I Grant Application Instructions and Guidance
Rating: Implemented District Response Required : No
Marblehead Public Schools Coordinated Program Review Report Page 126 of 133
CRITERION
NUMBER
SDF 9
SAFE AND DRUG FREE SCHOOLS
IX. RECORD KEEPING
Legal Standard
Appropriate accounting and budget procedures are being implemented to insure that program expenditures are related to the purpose and intent of the Safe and Drug Free
Schools and Communities Act.
[(EDGAR 76.730 to 734]
Rating: Implemented District Response Required : No
Department of Education Findings:
Grant applications, budget pages and amendments are on file at the School Department and the
Department of Education.
CRITERION
NUMBER
Legal Standard
SDF 10
Each recipient provides a set of assurances that the activities or programs to be funded comply with the Principles of Effectiveness and foster a safe and drug-free learning environment that supports academic achievement.
[NCLB Title IV Sec. 4114 (d) (1) (6-9)
Rating: Implemented District Response Required : No
Department of Education Findings:
Documentation and interviews indicate there is a copy on file of the signed set of assurances that the activities or programs to be funded comply with the Principles of Effectiveness and foster a safe and drug-free learning environment that supports academic achievement. Each school has policies that and programs which convey a clear and consistent message that acts of violence and the illegal use of drugs are wrong and harmful. The assurances also include a plan for keeping schools safe and drugfree as well as policies, security procedures, crisis management plans and a code of conduct safety.
CRITERION
NUMBER
ELE 18
ENGLISH LEARNER EDUCATION
IX. RECORD KEEPING
Legal Standard
Records of LEP Students
1.
Cumulative records of English language learners are maintained in a confidential fashion, as required by the Massachusetts Student Record
Regulations, and are available to parents upon request.
Marblehead Public Schools Coordinated Program Review Report Page 127 of 133
CRITERION
NUMBER
ENGLISH LEARNER EDUCATION
IX. RECORD KEEPING
Legal Standard
2.
LEP student records include:
(a) home language survey;
(b) results of tests and evaluations, including, MELA-O, previous
LAS-R and –W, MEPA, MCAS, or other tests chosen by the Board of Education;
(c) information about students’ previous school experiences;
(d) copies of progress reports and report cards;
(e) evidence of follow-up monitoring (if applicable);
(f) documentation of a parent’s notice to “opt-out” of English learner education; and
(g) Individual Student Success Plans for students who have failed
MCAS, if the district is required to complete plans for non-LEP students.
Authority: 603 CMR 23.05, 23.07; c 69, § 1I; Title VI
Rating: Partially Implemented District Response Required: Yes
Department of Education Findings:
Due to the previous lack of standard, consistent, district-wide procedures to identify students, it is not clear that all students have been identified and that student records contain all of the information as required by this criterion (#2 above).
Marblehead Public Schools Coordinated Program Review Report Page 128 of 133
APPENDIX:
SCHOOL DISTRICT PROFILE INFORMATION
The information which is provided in this Appendix was drawn from data supplied by the school district. The Department’s visiting team carefully reviewed this data as part of its planning for the onsite visit and in preparing this Coordinated Program Review Report.
This district-wide information, together with more detailed school building data, is periodically updated by the school district and is available in an ever current form on the
Department’s internet web site at <http://profiles.doe.mass.edu/>.
Marblehead Public Schools Coordinated Program Review Report Page 129 of 133
Introduction
The Massachusetts Department of Education collects information about schools and districts. Some of the information collected is published in the School and District Profiles. The information provides a snapshot of the educational picture in communities across the state.
Districts view, add, update and delete their own district and school information over the web to make sure that the information is as up-to-date and accurate as possible. In addition, the general public will be able to view Directory information about each school district in the state. Individuals can retrieve for themselves information such as school personnel, school programs (e.g. School Choice and TBE) and the location of specialized services such as Special Education Schools, Collaboratives, and Vocational
Training Programs.
The list below provides an explanation of information presented in the Profiles.
The electronic version of this district’s or charter school’s profile information is available at: http://profiles.doe.mass.edu/home.asp?mode=ot&view=&ot=5
Approved Special
Education Schools
Responsible for providing an education for students with disabilities. A school district (LEA) may place a student in an out-of-state program if it believes that such program is the most appropriate for the student.
Charter School Public schools that are created by parents, teachers, businesses, and community leaders and have the freedom to organize their activities around a core mission, curriculum, or teaching method. Their autonomy gives them the freedom to create their own budgets and to hire and fire teachers and staff.
Collaborative Collaboratives are formed through an agreement among two or more school committees to provide education for their member school systems. Agreements must be filed with the Commissioner of DOE. A Board representative of each member school committee manages them.
Collaborative
Programs
Private School
Public School
Regardless of the size of the individual collaborative, each school provides programs that its member districts demand.
A non-publicly funded school that provides educational services directly to attending students.
Public schools are administered by a Public School District, and provide educational
Marblehead Public Schools Coordinated Program Review Report Page 130 of 133
Public School
Districts services directly to attending students. Expenses are paid by state appropriation.
An administrative unit responsible for managing primary and secondary school services within a defined geographical boundary. There can be two types of School
Districts, Operational and Non-Operational district, and expenses are paid by state appropriation.
The Data
Directory Information
DOE Code:
The DOE Code, also referred to as the Organization Code, is an eight digit numeric code assigned by the
Massachusetts Department of Education to every organization listed in the Directory Profiles, including every district and school in the Commonwealth. For districts and schools, the first four digits represent the District Code and the last four digits represent the School Code. Thus the organization code
"02660505" stands for "0266" (Sharon Public Schools) + "0505" (Sharon High). If a form requires the 8digit DOE school code it is calling for the entire organization code.
Prior to the 2001 school year, organization codes contained six digits (three for the district and three for the school.) With the exception of some special needs schools, the eight digit codes are the same as the six digit codes with one zero added before the district code and another zero added before the school code. Thus, Sharon High's old six digit organizational code was 266505.
Please Note: The Department's Organization Code is not the same as the Institution codes assigned by the
College Board for SAT and AP results. Nor is it the same as the NCES code assigned to Massachusetts schools by the U.S. Department of Education.
Grades/Schools:
This section displays the number and grade range of elementary, middle/junior high and high schools in the district, as well as the total number of schools in the district and the grade range of the school system.
An elementary range beginning with "PK" indicates the district has pre-kindergarten. A high school range ending in "13" or "14" indicates the district has a post-graduate program. Kindergarten starting age indicates the age as of a particular date at which children are eligible to begin kindergarten. NOTE:
District level data only.
Services:
Inter-district Choice: indicates whether students from other districts may enroll in the district through the state school choice program, which is voluntary and on a space-available basis.
Intra-district Choice: indicates whether the district has a school choice program within the school district for students who live in the district.
Vocational Education: indicates whether the district operates a Chapter 74 approved vocational education program.
Transitional Bilingual Education (TBE): indicates whether the district operates a TBE program. Under Massachusetts law, a district must provide a TBE program in a particular language if there are 20 or more limited English proficient students in that particular language group enrolled in the district. Limited English proficient students are students whose first language is not English and who cannot perform ordinary class work in English.
METCO: indicates whether the district participates in the state METCO program, which promotes voluntary desegregation by enrolling minority students from Boston and Springfield in suburban schools.
Marblehead Public Schools Coordinated Program Review Report Page 131 of 133
Relationships:
Member of Regional Districts: For local school districts, indicates the name(s) of any academic and/or vocational regional district(s) of which the local school district is a member. For regional school districts, indicates the names of member local school districts. A regional school district provides educational services to more than one town. NOTE: District level data only.
Enrollment/Indicators
Enrollment by Grade
Indicates the enrollment for students in grades Pre-kindergarten (PK), kindergarten through 12,
Special Education beyond grade 12 (SP), Career and Technical Education beyond grade 12 (CT) for the listed school year.
Enrollment by Race/Ethnicity
Indicates the percent of enrollment by race/ethnicity for the listed school year. The reporting categories are those used by the U.S. Bureau of the Census.
Selected Populations
Indicates the percent of enrollment represented by students in special education programs*, students who are limited English proficient, and students eligible to receive free or reduced price lunch*. Data are for the listed school year.
Dropout Rate:
Indicates the percentage of students in grades 9-12 who dropped out of school between July 1 and
June 30 prior to the listed year and who did not return to school by October 1. Dropouts are defined as students who leave school prior to graduation for reasons other than transfer to another school.
Children Attending Public Schools
Indicates the percent of school-age children in a city or town attending public schools, for the listed school years. NOTE: District level data only.
Attendance/Exclusions:
Attendance rate indicates the average percentage of enrolled students, (grades 1-12), present in school for the listed school year. Student Exclusion (count) indicates the number of student exclusions that occurred during the listed school year. An exclusion is defined as the removal of a student for disciplinary purposes permanently, indefinitely or for more than ten consecutive school days. Student Exclusion (rate) indicates the rate of exclusions per 1000 students.
Technology:
Indicates the number of students for every one computer and the percent of classrooms with
Internet access. Data are for the listed school year; "DNR" appears for schools and districts that did not yet report data.
Plans of High School Graduates:
Indicates the post-graduate intentions of students for the listed school year.
Test Results
Massachusetts Comprehensive Assessment System (MCAS):
Shows percentage of students at each performance level for the current year
Select a year to view past year's performance level data
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Select annual comparisons or the icon for a graphical display of MCAS results
For 2002 only: view Cycle II Performance Rating Reports
For 2001 only: select a 'Grade and Subject' to view test item analysis data
SAT: The district or school's SAT results are displayed for the listed years.
Finance - District level data only.
Per Pupil Expenditures: are calculated by dividing a district's operating costs by its average pupil membership. Operating costs include expenditures for administration, instruction, pupil services, transportation, plant maintenance, and fixed charges. These costs do not include capital outlay and longterm interest on school debt. Average pupil membership includes students who receive services in the district's schools, as well as students receiving home or hospital instruction. Data for regular education, special education, bilingual education and vocational education students are provided in addition to the total for all day programs, for the listed school years.
Teacher Salary: total teaching salaries, divided by the number of full-time equivalent teachers, equals the average teacher salary.
Foundation Budget Spending Comparison: The education reform act established a foundation budget for each school district. This budget represents the minimum level of spending needed to provide an adequate education for the district's students. The foundation budget is made up of 19 separate categories.
The chart shows the district's actual spending in each category for the listed school year as a percentage of the district's foundation budget. If the percentage exceeds 100%, the district spent more in the category than suggested by the foundation budget. If the percentage is less than 100%, the district spent less.
Significant variations between local spending and the foundation budget, or between local spending and the statewide averages, should be reviewed closely. In some cases, the differences may be due to unique circumstances and needs within the district. In other cases, the differences may suggest potential areas for review and improvement.
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This Coordinated Program Review Final Report is also available at: http://www.doe.mass.edu/pqa/review/cpr/reports/ .
Marblehead Public Schools Coordinated Program Review Report Page 133 of 133
SE, MOA, TI, SDFS, ELE - 2005
File Name:
Marblehead ’05 CPR Final Report.doc
Last Revised on: Sept. 7, 2005
Prepared by: RB, DWK
Marblehead Public Schools Coordinated Program Review Report Page 134 of 133